Can A Wife File A Domestic Violence Complaint After the Divorce?

The Indian Constitution lays down on the fundamental rights of the Indian citizens promoting the basic freedom of an individual. Amongst these, the right to equality which includes equality before law, discrimination on the grounds of gender, caste, religion, race, and birth place is of prime significance. However, there has been an increase in the cases of rising discrimination against women demonstrated in the form of domestic violence, rape and sexual harassment.

For a long time now domestic abuse has been a hidden violence against many women. In India, it is often avoided by saying that it is a matter between a husband and a wife that should be resolved mutually. Also, women suffering silently from domestic abuse often don’t share it with anyone as they are more concerned about the judgmental society and their libellous taunts.

But now, the Indian law has reached a new milestone by standing against this heinous crime against the women who silently suffers from this cruelty of their men. In such kind of case in 2018, the Supreme Court of India has supported an order given by the Rajasthan High Court that- “the absence of an ongoing domestic relationship doesn’t stop a court from granting relief to an aggrieved woman.

A Wife Can File a Domestic Abuse Charge on Her Husband after Divorce

After the Supreme Court’s verdict, a woman can file a complaint of domestic abuse under the domestic violence law against her husband even after their divorce or separation. This was recorded in a marital dispute matter.

The appeal said if the domestic violence law which came into the existence in October 2006, was allowed to be applied retrospectively then it could be misused. Most of the times, the marriage end is antagonistic and the law could be proven as the weapon in the wife’s hand to take the revenge.

At that time, court rejected the appeal and said, “If the aggrieved individual had been in a domestic relationship at any point of time even prior to coming into the force of the Act and was subjected to domestic abuse, the individual is entitled to invoke the remedial measures provided under the Act.”

Now the law has changed which says that, even after the dissolution of marriage, if an ex-husband attempts any kind of misbehave, abuse or violence with his ex-wife such as stalking her, trying to threaten or intimidate her or her family members then that woman can get the protection from the law. She can also knock the door of court if her ex-husband tries to wrongfully ditch her from the shared property or household which is jointly owned by them.

The Conclusion

Domestic violence whether done physically, emotionally or sexually needs to be taken seriously. With this change in the law, women should come forward to fight against this crime going on silently with many women and show it an end. Otherwise, tomorrow it could be the next generation to suffer if we don’t stop it now.