Offer more ammunition for the cause of women, Supreme Court has declared that a woman can lodge a complaint under the domestic violence law against the excesses committed by her ex-husband even after the dissolution of marriage.
The top court refused to interfere with the order of the Rajasthan high court which held that the absence of subsisting domestic relationship in no manner prevents a court from granting relief to the aggrieved woman.
The high court had passed the order while adjudicating a matrimonial dispute.
A bench of justices Ranjan Gogoi, R Banumathi and Navin Sinha dismissed the appeal against the high court verdict, saying it was not inclined to interfere with the order in the facts of the case.
During the hearing, advocate Dushyant Parashar, appearing for the estranged husband, said that the provisions of the Protection of Women from Domestic Violence Act, 2005, which came into force on October 26, 2006, could not be applied retrospectively.
He submitted that if the provisions of the domestic violence law were allowed to be used retrospectively, then it would be subjected to gross misuse.
Parashar contended that husband-wife relationship often ends on an acrimonious note and if the provisions of the act were allowed to be used retrospectively, then it would further increase the acrimony and rule out the possibility of any compromise.
He said that legislature’s purposive interpretation has to be kept in mind while interpreting any provisions of the law.
The bench, however, refused to agree with the contention of Parashar and declined to interfere with the high court order in the facts of the case.