🏠 News Empire
india

Allahabad High Court Expands Domestic Violence Act to Include Past Cohabitation

Published on: 08 Jul 2026, 07:16 AM
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.

Latest in India 10
Centre Forms Panel Led by Ramesh Chand to Examine Sugarcane Farmers' Pricing Concerns
india

Centre Forms Panel Led by Ramesh Chand to Examine Sugarcane Farmers' Pricing Concerns

The Union Government has set up a four-member committee headed by former NITI Aayog member Ramesh Chand to study the demands of sugarcane farmers, including higher returns and a revision of the ex-mill Minimum Selling Price of sugar. The panel will also examine sugar recovery testing, weighment practices and deductions on mechanically harvested cane. It will consult farmers, mill associations and State Governments before submitting its report.

The Hindu 15 Oct 2026, 04:57 AM
Read More →
Kerala High Court refuses to let Pinarayi Vijayan, kin appeal FIR order in CMRL-Exalogic case
india

Kerala High Court refuses to let Pinarayi Vijayan, kin appeal FIR order in CMRL-Exalogic case

The Kerala High Court has dismissed applications by former Chief Minister Pinarayi Vijayan, his daughter T. Veena and her husband P.A. Mohamed Riyas seeking leave to appeal against a single judge's October 9 direction to register an FIR against them in the CMRL-Exalogic payoff case. The Division Bench said the order does not take away their right to pursue other legal remedies. No court has recorded any finding of guilt in the matter.

The Hindu 15 Oct 2026, 05:33 AM
Read More →
Supreme Court Upholds Madras HC Order Striking Down Tamil Nadu Reservation Notification for Converts
india

Supreme Court Upholds Madras HC Order Striking Down Tamil Nadu Reservation Notification for Converts

The Supreme Court has dismissed the Tamil Nadu government's appeal and upheld a Madras High Court order quashing a State notification that extended reservation benefits to converts to Islam from communities already listed as backward. A Bench headed by Justice Prashant Kumar Mishra held that conversion alone does not make a person a member of a notified backward Muslim community, and that the notification created an 'artificial group' without the statutory social checks the law requires.

The Hindu 15 Oct 2026, 05:41 AM
Read More →
Starlink curbs hit Ukrainian drones: Is Washington signalling a retreat from Kyiv?
india

Starlink curbs hit Ukrainian drones: Is Washington signalling a retreat from Kyiv?

Ukrainian officials say a slowdown in Starlink and Starshield services has disrupted drone operations, frontline logistics and air defence, and some allege deliberate interference. The reports came days after President Donald Trump announced an “energy ceasefire” and a plan to buy diesel from Russia, raising fresh questions in Kyiv about Washington’s reliability as an ally. The claims have not been independently verified.

The Hindu 15 Oct 2026, 05:53 AM
Read More →
India Questions UN Rights Body's Silence on PoK Unrest, Alleges 'Extreme Selectivity'
india

India Questions UN Rights Body's Silence on PoK Unrest, Alleges 'Extreme Selectivity'

India has asked the UN human rights office to state when it will issue a report on steps taken by Pakistan to address concerns in Pakistan-occupied Kashmir, citing earlier OHCHR statements on killings, internet curbs and detained leaders. New Delhi accused the office of 'extreme selectivity' and double standards, while restating that its law enforcement acts in accordance with the law and that Jammu and Kashmir and Ladakh are integral parts of India.

Times of India 15 Oct 2026, 03:24 AM
Read More →
Indonesia's Kalimantan Blanketed in Orange Smog as Air Pollution Soars Past Hazardous Levels
india

Indonesia's Kalimantan Blanketed in Orange Smog as Air Pollution Soars Past Hazardous Levels

A thick orange smog has descended on Palangka Raya in Indonesia's Central Kalimantan, with the air pollution index exceeding 1,200—four times the hazardous level. The haze is linked to wildfires and slash-and-burn land clearing, and is affecting millions across Indonesia, Singapore and Malaysia. Authorities are facing calls for stronger action as health concerns grow.

BBC News 15 Oct 2026, 03:26 AM
Read More →
Anthropic tells investors revenue jumped 45% to $16.8bn ahead of listing plans
india

Anthropic tells investors revenue jumped 45% to $16.8bn ahead of listing plans

Anthropic has told prospective investors its revenue rose 45% to $16.8bn in the three months to September, as it prepares for a possible stock market listing. The privately shared figures have not been independently verified. The news comes as chip makers and other AI-linked stocks fell sharply in the US and Asia over concerns about the scale of AI infrastructure spending.

BBC News 15 Oct 2026, 03:33 AM
Read More →
→ View All India News