Juveria Abdul Majid Patni Vs. Atif Iqbal Mansoori

Juveria Abdul Majid Patni and Atif Iqbal Mansoori got married according to Muslim rites and rituals in May 2015. The appellant experienced various abuses from the respondent, for which she lodged an FIR against him in 2007. The appellant claimed that she obtained an ex parte Khula from Mufti under the Muslim Personal Law in May 2008, but whether or not the couple legally completed the divorce process was contested. In September 2009, the appellant filed a petition under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) for abuses that had occurred prior to their divorce.

Two main questions arose in this case: first, did the couple complete the divorce process in 2008? And second, can a divorced woman seek reliefs against her ex-husband under Sections 18 to 23 of the PWDVA?

The court determined that the couple’s divorce effectively took place in May 2008. It further determined that once an act of domestic violence has been committed, a subsequent decree of divorce will not absolve the liability of the respondent from the offence committed or deny the benefit to which the aggrieved person is entitled under the PWDVA.

An act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the Respondent from the offence committed or to deny the benefit to which the aggrieved person is entitled under the Domestic Violence Act, 2005 including monetary relief Under Section 20, Child Custody Under Section 21, Compensation Under Section 22 and interim or ex parte order Under Section 23 of the Domestic Violence Act, 2005.

Paragraph 31Juveria Abdul Majid Patni Vs.
 Atif Iqbal Mansoori(2014)10SCC736