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Can a divorced woman file a case for past domestic violence?

Can a divorced woman file a case for past domestic violence?

23-Jul-2025

Domestic Violence

Answer By law4u team

Yes, a divorced woman can file a case for past domestic violence under Indian law, specifically under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Key points: The Act protects women who have been in a domestic relationship, including former wives. Section 2(f) of the Act defines domestic relationship to include relationships in the past, such as marriage that has ended. She can file for: Protection order Monetary relief Compensation Custody of children Relief under this Act is civil in nature, but breach of protection order can lead to criminal action under Section 31. Courts have upheld that past violence can be addressed even after divorce, as long as the complaint is based on violence faced during the subsistence of the marriage. So, yes, a divorced woman is legally entitled to seek remedies under the Domestic Violence Act for abuse suffered while she was married.

Answer By Ayantika Mondal

Dear Client, If domestic violence happened during a domestic relationship between the divorced woman and the respondent she may bring a case. Even after a relationship has ended women can still seek compensation for past abuses under the Protection of Women from Domestic Violence Act of 2005. The Act defines a domestic relationship as a past or current relationship that arises from marriage or familial ties. As a result a woman who was previously married and experienced domestic abuse during her marriage may claim the Act so long as the abuse took place while they were living together. Divorce does not negate the right to seek protection or remedies for past abuse experienced during the marriage according to court rulings. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Answer By Ayantika Mondal

Dear Client, Yes indeed a divorced woman may file for past domestic violence but the relief will be at the court’s discretion. Under the aegis of the Protection of Women from Domestic Violence Act 2005 (DV Act) the law does not apply only to present day wives. The Act uses the term ‘aggrieved person’ which includes any woman who had a domestic relationship and had issues of abuse. It has been determined by the courts that even post dissolution of marriage a woman is entitled to seek remedy for acts of violence that took place while the marriage was in vogue. She can present a case for what may include protective orders, money, custody, for or against damage claims, or which home is to be lived in. But that is the aspect of divorce which breaks the marriage bond out of that framework some remedies (like living in the husband’s home) do not play out as they did while married. Also in the case that the acts of domestic violence are in fact also crimes as per the Indian Penal Code (for example under Section 498A IPC) she may take up criminal action post divorce, within the limitation periods. In that which regards past domestic violence, it is true that even divorce does not do away with your right to pursue justice; although, the type of relief may be different. I wish that my answer has resolved your issues. Also don’t think twice before reaching out for more questions. Thank you!