Court affirms that divorce does not negate domestic violence allegations under Protection of Women from Domestic Violence Act, 2005
In a significant ruling, the Allahabad High Court, presided over by Justice Brij Raj Singh, has dismissed an application seeking to quash domestic violence proceedings despite a decree of divorce. The judgment reaffirms that acts of domestic violence committed during the subsistence of marriage remain actionable under the Protection of Women from Domestic Violence Act, 2005, even after a divorce.
The case, Puneet Rastogi v. State of U.P., involved an application filed under Section 482 of the Criminal Procedure Code, 1973, to quash a complaint under the Domestic Violence Act. The applicant, Puneet Rastogi, argued that following his divorce, the domestic violence complaint filed by his former wife should be invalidated, claiming it was an abuse of legal process.
However, the Court emphasized that the decree of divorce does not absolve the husband of liability for acts of domestic violence committed during the marriage. The Court referenced several Supreme Court judgments, including Inderjit Singh Grewal v. State of Punjab, and Prabha Tyagi v. Kamlesh Devi, to underline that the definition of "domestic relationship" under the Act includes past relationships where parties lived together in a shared household.
The judgment highlighted that reliefs under the Domestic Violence Act, such as monetary relief, child custody, and compensation, are available even after divorce, provided the allegations of violence pertain to the period of the domestic relationship. The Court underscored that judicial separation or a divorce decree does not terminate the domestic relationship for the purposes of the Act.
Counsel for the applicant argued that the complaint was based on false allegations, identical to those dismissed in previous family court proceedings. Nevertheless, the Court found that a detailed examination of evidence is necessary, which cannot be substituted by a summary dismissal at this stage.
In conclusion, the Allahabad High Court's decision has set a precedent affirming the rights of aggrieved women to seek protection and redress for domestic violence even after the dissolution of marriage. The application to quash the domestic violence proceedings was dismissed, reinforcing the principle that legal protections under the Domestic Violence Act are not extinguished by divorce.
Bottom line:-
Domestic Violence Act, 2005 - Decree of divorce does not absolve liability for acts of domestic violence committed during subsistence of the marriage.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005 Sections 2(f), 12, 20, 21, 22, 23; Criminal Procedure Code, 1973 Section 482
Puneet Rastogi v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2937113
