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 MondalDear 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.
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