The Supreme Court has upheld a ruling that the Domestic Violence Act, intended to safeguard women against marital abuse, will apply even after divorce.
A three-judge bench headed by Justice Ranjan Gogoi on May 10 dismissed a petition challenging a 2013 Rajasthan High Court judgment, which had ruled to this effect.
The High Court also held that the Act would not apply only to marital relations, but the expression “domestic relations” was wide enough to include “consanguinity, marriage, a relationship in the nature of marriage, adoption or as family members living together as a joint family”.
What is Protection of Women from Domestic Violence Act 2005?
It is an act to provide for the more effective protection of the rights of Women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.
Domestic Violence Act 2005 is the first significant attempt in India to recognise domestic abuse as a punishable offence, to extend its provisions to those in live-in relationships, and to provide for emergency relief for the victims, in addition to legal recourse. It extends to the whole of India except the State Jammu & Kashmir.
It aims to protect women from physical, sexual, verbal, emotional and economic abuse at home.