India: Domestic Violence Laws Apply after Divorce, Supreme Court
India’s Supreme Court has upheld a ruling of the Rajasthan high court, which found that the provisions of the 2005 Protection of Women from Domestic Violence Act (2005 Act) are not limited to married women. The Supreme Court agreed that women could “invoke the protection orders and other reliefs under the provisions” of the 2005 Act even if the marital or other domestic relationship had ended.
The ex-husband in the Rajasthan case had argued that the 2005 Act did not apply to separated or divorced persons, because it “would further increase the acrimony and rule out the possibility of any compromise.” The Rajasthan high court rejected this argument, saying that a woman could seek protection if an ex-partner committed acts of violence or threats against her or her family, or if he attempted to “dispossess” her of any shared property.
Compiled from: Woman can file complaint against ex-husband for cruelty even after divorce: SC, The Times of India (May 12, 2018).
For more information
Please see the Domestic Violence: Child Custody and Family Law Issues sections of this website.
In This Section