Domestic Violence Survivors And Divorce: Legal Barriers To Exit And Protection Gaps In India
- IJLLR Journal
- Apr 28
- 1 min read
Ms. Gyanvi Verma, LLM (Family Law), AIALS, Amity University, Noida, Uttar Pradesh.
ABSTRACT
India's legal framework addressing domestic violence has evolved significantly since the enactment of the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Yet, the distance between legislative intent and lived reality for survivors seeking divorce remains wide. This article examines the structural, procedural, and socio-cultural barriers that impede domestic violence survivors from exiting abusive marriages through legal divorce in India. Drawing upon statutory analysis, judicial precedents, empirical survey data (including NFHS-5), and scholarly literature, the article identifies and critiques four interconnected categories of barriers: legislative gaps (including the marital rape exception), implementation failures under the PWDVA, financial and housing insecurity, and deep- rooted social stigma. The article argues that while landmark judicial interventions have progressively expanded the protective umbrella, critical protection gaps persist particularly for women in rural areas, economically marginalised communities, and those subjected to non-physical forms of abuse. Concrete recommendations are proposed for legislative reform, institutional strengthening, and multi-agency coordination to bridge these gaps.
Keywords: Domestic Violence, PWDVA 2005, Divorce, Legal Barriers, Protection Officers, Marital Rape Exception, India, Gender Justice.
