The Hon’ble Supreme Court contended that the second Marriage performed by the Husband after grant of divorce decree, shall not be a ground for initiating a Domestic Violence case against Husband by Ex-wife since domestic violence refers to Physical abuse, sexual abuse, verbal abuse, emotional abuse and economic abuse which can be performed only having domestic relationship shared between both Husband and Wife.
Second marriage could have been ground and/or amount to Domestic violence under section 3 of Domestic Violence Act and proceedings of Domestic violence could have been initiated only during the course of matrimonial discord between the parties.
In case if ex wife initiating the proceedings under the provisions of D.V. Act, is nothing but an abuse of process of law. A wife cannot be permitted to keep the Husband engaged in litigation in this form, when the requirements of the D.V. Act, did not appear to be satisfied.