Protection of Women from Domestic Violence Act, 2005
Section 2(a)—Aggrieved person—Definition of—Any woman, who has in the past lived in a domestic relation with the respondent, is included in the definition of an aggrieved person and domestic relation includes a relationship by marriage or through a relationship in the nature of marriage.
[Para 28]
Section 12—Maintainability of application where marriage between parties declared to be null and void—Applicant does not dispute that he got married to the second opposite party and having been married to the applicant, the second opposite party had lived in a domestic relationship with the applicant, before they started living separately—They had been related by marriage till the marriage was declared to be null and void—Even though the marriage has subsequently been declared to be null and void, when the relationship between applicant and second opposite party subsisted, it was a relationship in the nature of marriage—Second opposite party is an aggrieved person within the meaning of the Domestic Violence Act and she has a right to present an application under Section 12 of the Act—No force found in the preliminary objection raised by applicant against maintainability of the application.
[Paras 30 & 31]