Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court
Live LawThe Jammu & Kashmir High Court has held that the Protection of Women from Domestic Violence Act, 2005 can be invoked even in cases involving past domestic relationships where the parties have lived together in a shared household at any point in time. Justice Sanjay Dhar clarified that the definition of "domestic relationship" under Section 2 of the DV Act is not confined to ongoing cohabitation but extends to relationships where shared residence existed previously. Therefore, even if the respondent has left the shared household in the year 2016, but the fact of the matter remains that prior to that, she has admittedly lived in a shared household with the petitioners.” The case arose when the respondent, alleging domestic violence, filed a petition under Section 12 of the DV Act against her husband and in-laws, including the petitioners. Rejecting this argument, the Court emphasized that Section 2 of the DV Act includes prior shared residence within the scope of a “domestic relationship.” Justice Dhar reiterated that the existence of a domestic relationship does not depend upon present cohabitation; it is sufficient if the parties had lived together in a shared household at any point in time.