Domestic violence case can be filed even after marriage is declared ‘void’: HC

Court made the observation in a case wherein a couple's marriage was declared null and void by the family court.

Lucknow: The Lucknow bench of the Allahabad High Court on Thursday observed that a case of domestic violence could be filed even after a marriage is declared ‘void’.

A single-judge bench of Justice Subhash Vidhyarthi recently observed that a wife had the right to file a case of domestic violence under Section 12 of the Domestic Violence Act, even after the marriage is declared ‘null’ and ‘void’.

The court made the observation in a case wherein a couple’s marriage was declared null and void by the family court on March 26, 2021.

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It was declared void as the couple was of the same gotra and the marriage between them was prohibited under Section 5(V) of the Hindu Marriage Act.

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