Topic

DV Act

The Domestic Violence Act, 2005, provides civil remedies to victims of domestic abuse in India, including protection orders, residence rights, and monetary relief such as interim maintenance.

6 articlesLatest April 2026
Article 142 | Post-Settlement DV Proceedings Amount to Abuse of Process; SC Grants Divorce on Irretrievable Breakdown
Case Law Analysis
|Supreme Court of India

Article 142 | Post-Settlement DV Proceedings Amount to Abuse of Process; SC Grants Divorce on Irretrievable Breakdown

The Supreme Court quashed domestic violence proceedings filed after a ₹89 lakh mediated settlement, ruling that post-settlement litigation constitutes abuse of process. Invoking Article 142, the Court dissolved the marriage on grounds of irretrievable breakdown, even in the absence of statutory divorce grounds, setting a precedent for similar disputes.

Section 482 BNSS | Parallel DV Act Proceedings Must Cease Upon Quashing of IPC 498-A/506 Charges : Telangana HC
Case Law Analysis
|Telangana High Court

Section 482 BNSS | Parallel DV Act Proceedings Must Cease Upon Quashing of IPC 498-A/506 Charges : Telangana HC

Telangana High Court rules that continuation of Domestic Violence Act proceedings after quashing of parallel IPC charges under Sections 498-A and 506 constitutes judicial abuse, reinforcing the principle of finality in litigation and protecting accused from harassment through multiplicity of proceedings. The ruling clarifies that quashing of criminal charges under Section 482 BNSS (formerly CrPC) extinguishes ancillary DV Act complaints where the factual matrix overlaps.

Section 125 CrPC & DV Act | Maintenance Orders Must Be Adjusted via Set-Off to Prevent Double Recovery : Bombay HC (Nagpur Bench)
Case Law Analysis
|Bombay High Court

Section 125 CrPC & DV Act | Maintenance Orders Must Be Adjusted via Set-Off to Prevent Double Recovery : Bombay HC (Nagpur Bench)

The Bombay High Court mandates that maintenance awarded under Section 125 CrPC and the Domestic Violence Act must be offset against each other to avoid unjust enrichment, ensuring the wife’s standard of living is preserved without duplicative financial burden on the husband. This ruling establishes a binding precedent for family courts across Maharashtra to harmonize concurrent maintenance orders under both statutes.