New Delhi, May 15 – A Delhi sessions court has overturned a lower court's directive that had imposed restrictions on the foreign travel of a husband's parents, stating that no relief other than compensation can be sought under a domestic violence petition following a divorce decree.
The decision came from Additional Sessions Judge Vikram, who was hearing an appeal filed by the husband's parents. The appeal challenged a previous order by a Mahila court, which had prohibited them from traveling abroad without prior court intimation and the submission of a fixed deposit receipt (FDR), travel itinerary, and other related documents.
Advocate Prashant Diwan, representing the parents, argued that the complainant had obtained an ex parte divorce from her estranged husband, rendering the restrictions on international travel unjustified.
In the May 5 order, the sessions court acknowledged that the complainant did not contest the divorce, effective from May 3, 2025. The judge observed, "Counsel for the complainant has not disputed the divorce, copy of which is filed on record. Therefore, of all the reliefs claimed by the petitioner (wife) in the domestic violence petition, after the decree of divorce, except for the relief of compensation for the loss suffered, no other relief survives in the petition."
Setting aside the magisterial court’s restrictions, the judge concluded that any compensation claims could be secured through attachment proceedings if necessary, and the travel conditions imposed were unwarranted.
This ruling marks a significant clarification on the scope of reliefs permissible under domestic violence proceedings post-divorce.
