The Allahabad High Court has ruled that a woman can seek relief under the Protection of Women from Domestic Violence (DV) Act even if her marriage is later declared null and void. This landmark decision upholds the right of women to file complaints under the DV Act, recognizing that a domestic relationship existed before the marriage was annulled.
Justice Subhash Vidyarthi explained that since the couple had lived together before their marriage was nullified, the woman qualifies as an “aggrieved person” under the DV Act. The court acknowledged that a relationship “in the nature of marriage” fulfills the conditions for seeking protection under the DV Act.
The ruling was made in response to a petition filed by a man challenging his former wife’s domestic violence complaint under Section 12 of the DV Act. He argued that since their marriage was declared null and void due to being sapindas (close relatives prohibited from marrying under the Hindu Marriage Act), the DV Act should not apply. However, the court dismissed his petition.
The couple married in 2018, but a year later, the husband sought a divorce, which was granted in 2021. The marriage was voided after it was revealed that the woman had concealed a mental health condition before the marriage. Despite this, the woman’s complaint under the DV Act, filed in 2021, was not dismissed, even though her maintenance claim under Section 125 of the Criminal Procedure Code (CrPC) was rejected.
The court emphasized that the DV Act covers women who have lived in a domestic relationship, whether through marriage or a relationship in the nature of marriage, making her application maintainable. Justice Vidyarthi rejected the interpretation of a similar case by the Punjab and Haryana High Court, which stated that the DV Act couldn’t be applied once a domestic relationship ends.
In this case, the couple had lived together as husband and wife before their marriage was annulled. Therefore, the court concluded that the woman was entitled to seek relief under the DV Act.
The man’s petition to dismiss the DV complaint was rejected, reinforcing the protection offered to women under the DV Act, even after a marriage is declared null and void.
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