Once Domestic Violence Committed, Divorce Decree Does Not Absolve Husband Of Liabilities Under DV Act: Allahabad High Court

The Allahabad High Court has held that once domestic violence is committed, the husband is not absolved of liabilities under the Domestic Violence Act, 2005 even after passing of a divorce decree.

Justice Brij Raj Singh held,

“An act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the husband from the offence committed or to deny the benefit to which the aggrieved person is entitled under the Domestic Violence Act, 2005.”

Reliance was placed on Prabha Tyagi vs. Kamlesh Devi (2022) where the Supreme Court observed that even if there is judicial separation ordered by a court of law, that does not put an end to marriage and therefore, the domestic relationship continues between the spouses even though they may not be actually living together. 

Applicant and opposite party No. 2 were married in 2017 in Lucknow and later moved to Ghaziabad. In his divorce petition, the husband alleged that the wife rude, disrespectful and uncooperative during his father's illness. It was alleged that she refused to take care of his widowed mother when he had gone for a work trip.

The wife, in her written statement, alleged that she was beaten and thrown out of the house by the applicant.

The applicant filed for divorce under Section 13 of the Hindu Marriage Act, 1955 on grounds of cruelty, which was allowed. Wife's application under Section 9 of the Act and for return of streedhan were dismissed.

Before the High Court, the Applicant alleged that the wife filed a counterblast domestic violence case against him. He argued that once the divorce decree recorded that the husband suffered cruelty, wife's claim of domestic violence cannot be allowed.

The Court held that proceedings under Domestic Violence Act require a trial and the High Court cannot conduct a mini trial and quash the entire domestic violence proceedings on the grounds of divorce decree being granted in favour of the husband.

“The wife is eligible to claim protection under the Domestic Violence Act because the definition of domestic relationship as provided under Section 2(s) of the Domestic Violence Act includes not only a relationship between two persons who presently live together in a shared household, but also extends to persons who have, at any point of time lived together in a shared household. The judicial separation ordered by a court of law does not put an end to marriage and, hence, the domestic relationship continues between the wife and husband even though they may not be actually living together.”

Accordingly, the application by the husband was rejected.

Case Title: Puneet Rastogi v. State Of U.P. Thru. Prin. Secy. Home Lko. And Another

Click Here To Read/Download Order