Even if the Woman was in the past in relationship, she would be entitled to invoke the provisions of theDomestic violence Act on the basis of continuing cause of action.
There shall be continuing causes of action, therefore, there is no question of putting a stop to the relief sought for on the ground of continuous breach of legal right, since the continued deprivation of economic or Financial resources and continued prohibition or denial of access for the shared household, maintenance etc. to the aggrieved person can come within definition of "Domestic Violence" explained in Chapter II of the Act. Protection under the Act becomes available to the wife/applicant, who was driven out from her husband's shared household prior to coming into effect of the Act of 2005, but if the deprivation continued even after the Act came into force. Thus, as held by this Court in Smt Bharati Naik Vs. Shri Ravi Ramnath Halnarkar reported in 2011 ALL MR (Cri) 224, with reference to the Act of 2005, 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 relationship, she would be entitled to invoke the provisions of the Act on the basis of continuing cause of action.
Bombay High Court
Shri. Maroti S/O. Dewaji Lande vs Both R/O. Sonapur, Tahsil : ... on 9 August, 2011
Bench: A.P. Bhangale
