Taking a strengtent step against domestic violence, the Supreme Court on May 12, 2017 said that a woman can lodge domestic violence case against her partner even after the dissolution of marriage. The Court said even if the violence took place before the Domestic violence Act came into force (October 26, 2006) a complaint can still be lodged.
The top court refused to interfere with the order of the Rajasthan High Court passed while adjucating a matrimonial dispute. The high court had held that the absence of subsisting domestic relationship in no manner prevents a court from granting relief to the aggrieved woman.
It has been pointed out that if the provisions of the domestic violence law were allowed to be used retrospectively, it would be subjected to gross misuse. The bench of Justices Ranjan Gogoi, R. Banumathi and Navin Sinha, however, refused to agree with the contention and declined to interfere with the high court order.
On October 30, 2013, the Rajasthan high court had held that the subsistence of marriage or domestic relationship was not a condition for an aggrieved person to invoke the protection orders and other reliefs under the provisions of the Domestic Violence Act, 2006.
The high court had cited an example saying that even after the dissolution of marriage between the parties, if an ex-husband attempts to commit an act of violence such as entering the place of employment of the divorced wife, trying to establish contact with her or causing violence to her dependents or other relatives, she is not precluded from seeking protection orders under the law.
Likewise, the court said, if the divorced husband attempts to dispossess the woman from the shared household or property jointly owned, she can approach a court for appropriate relief.