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1. INTRODUCTION
   In India, domestic violence remains a serious issue despite various legal safeguards. One of the strongest protections available to women is the Protection of Women from Domestic Violence Act, 2005 (“PWDVA”). A common legal question arises: can a wife initiate proceedings under this Act even after an ex parte divorce decree has been granted?
   This article examines the legal position on whether a divorced wife—particularly after an ex parte divorce—can still claim relief under the PWDVA. The discussion is framed around statutory interpretation, judicial precedents, and the overarching objectives of the legislation.
2. UNDERSTANDING THE LEGAL FRAMEWORK
   A. The Protection of Women from Domestic Violence Act, 2005
   The PWDVA was enacted to provide more effective protection to women who are victims of violence within the family. The Act is civil in nature and offers relief such as protection orders, residence orders, monetary relief, and custody orders.
   A key term in the Act is “aggrieved person,” which is defined under Section 2(a) as:
   “Any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.”
   The phrase “has been in a domestic relationship” is significant, as it includes past relationships, not just ongoing ones.B. Ex Parte Divorce Under Law
   An ex parte divorce is granted when one party (often the husband) obtains a divorce decree without the participation or appearance of the other spouse. Under Section 13 of the Hindu Marriage Act, 1955, such a decree is valid unless set aside by the aggrieved party.
3. CAN DOMESTIC VIOLENCE BE CLAIMED POST-DIVORCE?
   The key issue is whether a woman who has been divorced—especially through an ex parte decree—can still file a complaint under the PWDVA.
   A. JUDICIAL INTERPRETATION
   Indian courts have largely interpreted the PWDVA as a remedial statute, which should be interpreted liberally to benefit the victims.
   In V.D. Bhanot v. Savita Bhanot, the Supreme Court held that the PWDVA applies even to acts committed prior to the commencement of the Act. More importantly, the Court observed that the expression “has been in a domestic relationship” includes relationships that have ceased.
   In Krishna Bhattacharjee v. Sarathi Choudhury, the Supreme Court upheld a woman’s right to claim maintenance and other reliefs under the PWDVA even after divorce, stating that the right to seek redress does not end with the marriage.
   These decisions show that a woman who is no longer in a domestic relationship may still be an “aggrieved person” for the purposes of the Act.
   B. EX PARTE DIVORCE: A SPECIAL CASE?
   An ex parte divorce, especially when the wife was unaware or unrepresented, does not extinguish her right to claim past domestic violence. Courts have accepted that if the acts of violence occurred during the subsistence of marriage, a complaint under the PWDVA is maintainable even after divorce.
   Moreover, under Section 3 of the PWDVA, the definition of domestic violence includes emotional, verbal, and economic abuse.⁶ These forms of violence often become apparent or are reported only after the relationship ends.
4. PROCEDURAL CONSIDERATIONS AND REMEDIES
   A woman can approach the Magistrate under Section 12 of the PWDVA even after an ex parte divorce. The complaint should establish:
   1. That she was in a domestic relationship with the respondent;
   2. That she was subjected to acts of domestic violence during that period.
   She may seek:
   1. Monetary relief (Section 20);
   2. Compensation orders (Section 22);
   3. Protection orders (Section 18), if threats persist.
   The limitation period is also not rigid under the PWDVA, as courts have discretion to entertain cases filed even after some delay, considering the trauma and social stigma involved.
5. COUNTERARGUMENTS AND CLARIFICATIONS
   Some argue that after a divorce, the “domestic relationship” ends, and hence, the Act should not apply. However, this is inconsistent with both the statutory language and judicial interpretation.
   The term “has been” in Section 2(a) was deliberately used to include former relationships, thereby protecting women even post-separation or post-divorce.
6. CONCLUSION
   A wife can legally file a domestic violence case after an ex parte divorce, provided the alleged acts occurred during the subsistence of the marriage. Indian courts have consistently interpreted the PWDVA in a broad and purposive manner to ensure justice for women.
   The ex parte nature of the divorce, especially if obtained without proper notice, does not bar her from seeking remedies under the Act. On the contrary, it may strengthen her case, as it may show a lack of due process and potential exploitation.This article has been researched and written by Advocate Aarun Chanda, practicing divorce law in Mumbai and Pune.

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