Law4u - Made in India

Can domestic violence cases be filed after divorce?

28-Apr-2026
Domestic Violence

Answer By law4u team

Yes, in India, domestic violence cases can be filed even after divorce. The Protection of Women from Domestic Violence Act, 2005 (DV Act) allows a woman to seek protection and remedies for abuse that occurred during the marriage, even if the marriage has legally ended. The Act focuses on providing relief and protection for victims of abuse, rather than limiting the right to the duration of the marriage. A woman can approach the Magistrate or Protection Officer after divorce to claim remedies such as: Maintenance or financial support for herself and children Compensation for injuries or mental trauma caused by abuse Custody of children, if the domestic violence affected them Residence orders, if she lived with the husband during the abuse The law recognizes that abuse may continue for years or may only become actionable after separation or divorce, and therefore does not bar victims from filing complaints post-divorce. However, courts typically require evidence of abuse during the marriage, such as witness testimony, medical records, police reports, or other documentation, to establish the claim. In summary, divorce does not prevent filing a domestic violence case. The DV Act allows women to seek justice and protection for abuse suffered during the marriage, ensuring that legal remedies remain available even after the marital relationship has ended.

Answer By Ayantika Mondal

Dear client, yes, a domestic violence case can be filed even after divorce in India. A woman can seek relief like maintenance, compensation or custody for abuse suffered during the marriage. And in short, divorce does not stop her right to file a case. It's the proof of past abuse that is needed. May this help and for further issues do not hesitate to contact us.

Domestic Violence Verified Advocates

Get expert legal advice instantly.

Advocate Shreyank Mankani

Advocate Shreyank Mankani

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Divorce,Domestic Violence,Family,High Court,Landlord & Tenant,Recovery

Get Advice
Advocate Santhana Karuppu

Advocate Santhana Karuppu

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Property, R.T.I, RERA

Get Advice
Advocate R S Raghuwanshi

Advocate R S Raghuwanshi

Cheque Bounce, Civil, Criminal, GST, Domestic Violence, Family, Insurance, Motor Accident, Tax, Trademark & Copyright

Get Advice
Advocate Adv.deen Dayal Sindhu

Advocate Adv.deen Dayal Sindhu

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, Succession Certificate, Wills Trusts, Revenue, High Court

Get Advice
Advocate Vinod Kumar Gupta

Advocate Vinod Kumar Gupta

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Court Marriage, Criminal, Divorce, Family, Domestic Violence, High Court, Insurance, Motor Accident

Get Advice
Advocate Om Rajkumar Karad

Advocate Om Rajkumar Karad

Anticipatory Bail, Cheque Bounce, Civil, Criminal, Cyber Crime, Domestic Violence, Family, High Court, Medical Negligence

Get Advice
Advocate Surojit Roy

Advocate Surojit Roy

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Startup, Succession Certificate, Tax, Wills Trusts, Revenue, Documentation, RERA, Court Marriage

Get Advice
Advocate Nanduri Srinivas

Advocate Nanduri Srinivas

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Amit J Sathvara

Advocate Amit J Sathvara

Arbitration, Civil, Consumer Court, Corporate, Documentation, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Revenue

Get Advice
Advocate Rajesh Kumar Mehla

Advocate Rajesh Kumar Mehla

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family

Get Advice

Domestic Violence Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.