Woman Can Seek Relief Under DV Act Even If Marriage Is Declared Null and Void: Allahabad HC

Woman Can Seek Relief Under DV Act Even If Marriage Is Declared Null and Void: Allahabad HC

The Allahabad High Court has ruled that a woman’s application for relief under the Protection of Women from Domestic Violence (DV) Act is valid even if her marriage is later declared null and void. The court stated that since the couple had lived together before the annulment, the woman qualifies as an “aggrieved person” under the DV Act.

Case Background

The case involved a petition by a man challenging a domestic violence complaint filed by his former wife under Section 12 of the DV Act. He argued that since their 2018 marriage was declared null and void in 2021, she could no longer claim protection under the DV Act.

The couple’s marriage was annulled because they were sapindas (prohibited relatives under the Hindu Marriage Act). Additionally, the man claimed he was misled into marriage as the woman’s mental health condition had been concealed.

The woman’s maintenance petition under Section 125 CrPC, filed in 2019, was dismissed in 2023 due to the annulment. However, in 2022, a civil judge refused to reject her DV Act complaint, prompting the husband to challenge the decision.

Court’s Key Observations

Justice Subhash Vidyarthi reviewed the definitions of “aggrieved person” and “domestic relationship” under the DV Act. The court ruled that:

• Any woman who has lived in a domestic relationship with a man, even in the past, qualifies as an aggrieved person.
• A domestic relationship includes both a valid marriage and a relationship in the nature of marriage.
• Since the couple had lived as husband and wife before the annulment, their relationship was legally recognized at the time.

Rejection of Husband’s Argument

The husband’s lawyer cited a Punjab and Haryana High Court ruling, claiming that a domestic relationship ends when a marriage is annulled. However, the Allahabad High Court disagreed, pointing out that the Hindi version of the DV Act makes it clear that even past domestic relationships are considered under the law.

The court stated:

“They had been related by marriage until the marriage was declared null and void. Even though the marriage was later annulled, it was a relationship in the nature of marriage when they lived together.”

Final Verdict

The court dismissed the husband’s petition and upheld the woman’s right to seek relief under the DV Act. It ruled that she is entitled to protection and remedies even after the annulment, as her past relationship with the husband qualifies under the law.

This ruling reinforces legal protection for women and ensures that those who have suffered domestic violence are not denied justice simply because their marriage is later declared invalid.

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