The Allahabad High Court has ruled that the Domestic Violence Act encompasses not only individuals currently living together but also those who have previously cohabited. As a result, the court declined to dismiss a domestic violence complaint lodged by a woman against her ex-husband, even after their divorce was finalized.

Justice Brij Raj Singh supported the wife’s claims of domestic violence, asserting that a divorce does not nullify the potential for past instances of abuse. According to the court, a woman retains the right to seek help under the Domestic Violence Act for any mistreatment experienced during the marriage.

On July 7, the court stated, “The wife qualifies for protection under the Domestic Violence Act, as the definition of a domestic relationship outlined in Section 2(s) includes not just those who currently reside together but also those who have lived together in the past.”

The court emphasized that a judicial separation does not dissolve the marriage; thus, the domestic relationship persists between the husband and wife, regardless of their physical separation.

The couple was married on April 18, 2017, in Lucknow, and subsequently moved to Ghaziabad to begin their life together. The husband claimed that following the death of his father on November 9, 2017, his wife and her brother instigated disputes over inheritance matters, causing a scene during the mourning period.

He accused his wife of being “cruel, disrespectful, and unsupportive” during his father’s illness and after his passing. Additionally, he stated that while he was required to travel to Germany for work, his wife chose to stay at her brother’s residence instead of supporting her widowed mother-in-law.

In early 2019, the husband attempted to reconcile with his wife, but she refused. He then sought mediation through the legal services authority to salvage the marriage, which ultimately failed due to her lack of cooperation.

In February 2019, the wife filed a complaint under Section 12 of the Domestic Violence Act, alleging mental and physical abuse, dowry demands, an extramarital affair with a colleague, and retaining her jewelry (stridhan).

She argued that her husband, who earns approximately Rs 40 lakhs annually from a multinational company, was greedy and unwilling to accept her without a dowry, leading to their marital discord.

In April 2019, the husband filed for divorce on grounds of cruelty, which the family court granted in 2025. Nevertheless, the wife’s domestic violence complaint pertained to events that occurred during their marriage, allowing it to remain valid despite the divorce. The husband is now contesting the domestic violence proceedings in the high court, claiming that the allegations overlap with those in the divorce case and should therefore be dismissed.

The court rejected the husband’s request to quash the domestic violence proceedings, ruling that a divorce does not eliminate a woman’s right to seek redress for alleged domestic violence experienced during the marriage. The trial court is responsible for evaluating the claims based on evidence presented, rather than through an initial quashing petition, as stated in the order.

Jagriti Rai is a journalist at The Indian Express, focusing on the intersection of law, gender, and society. Operating from a dedicated legal desk, she translates complex legal concepts into accessible narratives, examining how judicial and legislative changes influence the lives of citizens.

With a strong socio-legal specialization, Jagriti offers a human-centered perspective on contemporary social issues, particularly regarding gender rights and the challenges faced by marginalized communities. Her diverse editorial experience spans over four years in both digital and mainstream media, equipping her with a versatile reporting style honed at leading platforms like The Lallantop and Dainik Bhaskar.

Her academic credentials include a Post-Graduate degree in Journalism from the Indian Institute of Mass Communication (IIMC) and a Master of Arts in Ancient History from Banaras Hindu University (BHU), which enrich her understanding of social structures and legal developments.