Allahabad High Court Expands Domestic Violence Act to Include Past Cohabitation

The Allahabad High Court has ruled that the Protection of Women from Domestic Violence Act, 2005, applies not only to couples currently living together but also to those who have shared a household at any point in the past. The court refused to quash a domestic violence case filed by a woman against her estranged husband, even after their divorce was finalized.

Justice Brij Raj Singh, in his July 7 order, held that a divorce decree does not erase alleged past cruelty. A woman can seek relief under the Domestic Violence Act for abuse suffered during the marriage, the court added.

“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 in time, lived together in a shared household,” the court said.

The court noted that judicial separation ordered by a court does not terminate the marriage, and therefore, the domestic relationship continues between the spouses even if they no longer live together.

The couple married on April 18, 2017, in Lucknow and began their matrimonial life in Ghaziabad. The husband alleged that on November 9, 2017, after his father's death, his wife and her brother created a scene over inheritance issues. He further claimed his wife was “cruel, disrespectful, and highly uncooperative” during his father's illness and refused to stay with his widowed mother during an official trip to Germany. The husband said he attempted mediation through legal services, but the wife did not cooperate.

In February 2019, the wife filed a complaint under Section 12 of the Domestic Violence Act, alleging mental and physical cruelty, dowry demands, an extramarital affair with a co-worker, and retention of her stridhan (jewellery). She contended that her husband, a multinational company employee earning around Rs 40 lakh annually, refused to accept the marriage without dowry and engaged in an affair that ruined their marital life.

In April 2019, the husband filed for divorce on grounds of cruelty, which the family court granted in 2025. However, the domestic violence complaint concerned acts committed during the marriage, making it maintainable despite the divorce. The husband then appealed to the High Court to quash the proceedings, arguing that the case was based on the same allegations and should be dismissed.

The High Court dismissed the husband's petition, stating that divorce does not absolve liability for past domestic violence. The court noted that the Domestic Violence Act provides for monetary relief, child custody, compensation, and interim orders, and these issues must be decided after trial. “At this stage, this Court cannot do a mini trial and quash the entire proceedings,” the court said.