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Harrassed (accountant)     18 November 2015

Divorce accepted by court but dv case is not stopped in hc

Dear Experts,

Today i got order from Allahabad highcourt stating that DV case not be dismissed even after divorce with following reason now it is returned back to lower court for continue.

*Divorce is accepted by girl as well as by court but still following reason given in order.

A bare perusal of definition of clause 2(f) of The Protection of Women from Domestic
Violence Act, 2005 reveals that subsistence of relationship of husband and wife is not mandatory
requirement to proceed under aforesaid Act as if in past they have been husband and wife and
have lived together in shared household at any point of time then protection to claim under the
Act is permissible. Clause 2(f) reads as under:
"
domestic relationship" means a relationship between two persons who live or have, at any point
of time, lived together in a shared household, when at any point of time, lived together in a
shared household, when they are related by consanguinity, marriage, or through a relationship
in the nature of marriage, adoption or are family members living together as a joint family.

Kindly let me know what can i do,should i got for supreme court?

Regards

Imran



Learning

 1 Replies

Mukesh sharma (job )     10 December 2015

first you need to go in high court no need first in suprem court 

 


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