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Writer's picturethelila500
Apr 8, 20233 min read

Can Divorced Wife Cannot File An Application For Domestic Violence ?

Under the Protection of Women from Domestic Violence Act, 2005 (DV Act), an application before the Magistrate court as an aggrieved person could be filed by a divorced woman, who can claim a bunch of remedies, except for the residence in a shared household. No court, till recent knowledge has allowed a residence order to a divorced woman in a shared household so far.

The DV Act in a nutshell.


The objective behind the DV Act is to provide effective protection to women who are being subjected to various kinds of violence occurring within the family and matters connected thereto.


Anyone who is aware of such an act of domestic violence can inform the Police and the Protection Officer. It is the duty of the police officer to proceed with, in case there is a cognisable offence.


Aggrieved person should have a domestic relationship.


An aggrieved person in a domestic violence case should be a woman. She should be or had been in a domestic relationship with the respondent and allege of having been subjected to domestic violence by the respondent.


A domestic relationship could be understood as a relationship between two persons who live or have lived in a shared household when they are related due to consanguinity, marriage or through a relationship in the nature of marriage, also known as live-in relationship or as the members of a joint family.


The shared household including the joint family is the household, in which the aggrieved person lives or had lived with the respondent at any stage during a domestic relationship with some permanency, irrespective of the fact that either of them had any right, title, interest or equity in it.


Remedies a Magistrate can provide.


An application can be filed to the Magistrate by the aggrieved person or any one on her behalf, seeking one or more reliefs provided under Section 12 of the DV Act.

After hearing both parties, the Magistrate on satisfying that the domestic violence has taken place, can issue a protection order prohibiting the respondent from committing an act of domestic violence, aiding or abetting it,

Or even attempting to communicate with the aggrieved person, alienate any assets or cause any violence to any person dependant, relative or assisting the aggrieved woman as provided under Section 18 of the Act. Any breach of such protection order on behalf of the respondent is an offence punishable with imprisonment for a term extendable to one year or with fine.


Whether a divorced woman can claim residence.


A domestic relationship is one that endures between the complainant and the respondent.

If a divorced woman could file a case for residence in a shared household after her divorce from the respondent and consequently ending their domestic relationship is a question which lingers in the mind of many people particularly after the expansive interpretation of the term shared household by the SC in a recent judgement.


The Juveria case did not consider the question whether a divorced wife has a right to claim shared household. The SC, however, has not so issued guidelines as to whether a divorce woman can file a case in regard to residence in the shared household even after divorce.


Conclusion.


From the above discussion, it could be inferred that a divorced wife can file a case under the DV Act. However, to have a better understanding regarding the circumstances and situations related to the same, it is advised to seek legal opinion of experienced Divorce lawyers in Delhi.


Lead India offers you a team of experienced advocates who have been successfully handling cases related to issues including, divorce, child custody, maintenance, domestic violence. Thus, if you wish to seek legal guidance from an experienced Child Custody lawyer in Delhi, or if you wish to talk to a lawyer or to seek free legal advice ,you may contact us.



Call Us: +91–8800788535


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