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

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.

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.