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Aggrieved person is a domestic violence

 

continued deprivation of economic or Financial resources and continued prohibition or denial of access for the shared household to the aggrieved person is a domestic violence

 

In view of the ruling in Smt Bharati Naik Vs. Shri Ravi Ramnath Halnarkar reported in 2011 ALL MR (Cri) 224, this Court, with reference to the Act of 2005, held that an interpretation which furthers the purpose of the Act must be preferred to the one which obstructs the object and paralyses the purpose of the Act. Thus, even if the Woman was in the past in a relationship, she would be entitled to invoke the provisions of the Act on the basis of continuing cause of action.
 

 It is true that the Penal Statute which creates new offence or introduce an increased penalty will be prospective by reason of the Constitutional restriction imposed by Article 20 of the Constitution of India. The question as to whether the Act has a retrospective effect or not is not material at all in view of the decision reported in 8
the case of Vanka Radhamanohari vs. Vanka Venkata Reddy, [1993 (3) SCC 4]. Taking into consideration the submission of the learned counsel appearing for the parties and keeping in view the ratio laid down by the Apex Court in Vanka Radhamanohari's case (supra)

https://www.lawweb.in/2013/01/continued-deprivation-of-economic-or.html



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