Allahabad HC rules that domestic violence case can be filed even after marriage is declared ‘void’

Lucknow, March 1 (IANS) – The Lucknow bench of the Allahabad High Court has made a significant observation regarding filing a case of domestic violence even after a marriage is declared ‘void’. Justice Subhash Vidhyarthi stated that a wife has the right to file a case under Section 12 of the Domestic Violence Act in such situations.

In a recent case where a couple’s marriage was declared null and void by the family court on March 26, 2021, the court emphasized that the wife still has the legal recourse to seek justice for any domestic violence she may have experienced.

The marriage was deemed void due to the couple being of the same gotra, which is prohibited under Section 5(V) of the Hindu Marriage Act. This ruling sets a precedent for cases where marriages are declared null and void, but domestic violence issues persist.

This ruling by the Allahabad High Court serves as a reminder that victims of domestic violence have legal avenues available to seek justice and protection, even if their marriage is declared ‘void’. The court’s observation ensures that individuals can still seek redressal for any harm they may have faced in such situations.