Response

Section 498A IPC & Domestic Violence Act

After separation of a year, wife canÕt file complaint under domestic violence act, says high court
In an important ruling, the Bombay high court has held that a woman can file a complaint under the Protection of Women from Domestic Violence (DV) Act only while still in the domestic relationship.

In an important ruling, the Bombay high court has held that a woman can file a complaint under the Protection of Women from Domestic Violence (DV) Act only while still in the domestic relationship.

Section 498-A and Protection of Women from Domestic Violence Act, 2005

Even before a criminal court where a case under Section 498-A is pending, if allegation is found genuine, it is always open to the appellant to ask for reliefs under Sections 18 to 22 of the Domestic Violence Act and interim relief under Section 23 of the said Act, Juveria Abdul Majid Patni v. Atif Iqbal Mansoori, (2014) 10 SCC 736.

(Domestic Violence Act, 2005 provide for a remedy under the civil law which is intended to protect the women from being victims of domestic violence occurring within the family and to prevent the occurrence of domestic violence in the society. It makes provision for a protection order under Section 18, residence order under Section 19, monetary relief under Section 20, custody order under Section 21, compensation under Section 22 and interim relief under Section 23)

Reference:

20210026202100423686

LAWAYZ-2023-553