The Allahabad High Court has refused to quash proceedings initiated under the Protection of Women from Domestic Violence Act, 2005, holding that a decree of divorce does not automatically end a woman's right to seek remedies for alleged acts of domestic violence that occurred during the marriage. The Court observed that issues raised in such proceedings must be decided after evidence is led before the trial court and cannot be dismissed at the preliminary stage merely because the marriage has already been dissolved.
Background of the Case
The applicant had approached the High Court under Section 482 of the Code of Criminal Procedure seeking to quash a complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
The applicant argued that the marriage had already been dissolved by a Family Court on the ground of cruelty. It was also contended that similar allegations had been examined in the matrimonial proceedings and, therefore, the domestic violence complaint amounted to a repetition of issues that had already been decided.
The applicant further submitted that after the divorce decree, there was no subsisting domestic relationship between the parties, making the domestic violence proceedings legally unsustainable.
Take CourtBook Everywhere
Access your account on the go with our mobile app.
Court's Observations
Justice Brij Raj Singh examined the legal position laid down by the Supreme Court in several decisions dealing with the scope of the Domestic Violence Act.
The Court noted that the Act protects not only women who are currently living in a shared household but also those who had lived in such a household during the subsistence of their marriage. The Court emphasised that allegations relating to the period of the marital relationship can still be examined even after a divorce.
Rejecting the request to terminate the proceedings at this stage, the bench observed:
“The wife is eligible to claim protection under the Domestic Violence Act because the definition of domestic relationship... extends to persons who have, at any point of time lived together in a shared household.”
The Court further stated:
“This Court cannot do mini trial and quash the entire proceedings on the ground that suit for divorce has been decreed in favour of the applicant.”
The Court held that questions relating to monetary relief, compensation, custody, or other remedies under the Domestic Violence Act require evidence before the competent court and cannot be decided in proceedings seeking quashing.
Decision
Finding no abuse of the legal process, the Allahabad High Court dismissed the application seeking quashing of the domestic violence complaint.
The Court held that the divorce decree by itself does not extinguish the statutory remedies available under the Protection of Women from Domestic Violence Act, 2005, where the allegations relate to the period when the parties shared a domestic relationship.
No order as to costs was passed.
Case Details
Case Title: P. R. v. State of U.P. through Principal Secretary, Home, Lucknow & Another
Case Number: Application U/S 482 No. 6580 of 2025
Judge: Justice Brij Raj Singh
Decision Date: 7 July 2026
