Karimkhan v State of Maharashtra, MANU/MH/0990/2011

The wife filed an application under section 12 of the DV Act against her husband seeking protection orders, monetary reliefs, residence orders and maintenance. The Bombay High Court held that an interpretation which furthers the purpose of the DV Act must be preferred to the one which obstructs the object and paralyses the purpose of the Act. Thus, even if the wife was in the past in a relationship, she would be entitled to invoke the provisions of the DV Act on the basis of continuing cause of action. The husband contended that the alleged domestic abuse took place before the commencement of the DV Act and that it is not maintainable. The magistrate rejected this contention stating that the marriage is still subsisting. Aggrieved, the husband filed an appeal in the High Court. Dismissing the petition, the Bombay High Court held that even if the woman was in the past in a relationship with the appellant, she would be entitled to invoke the provisions of the DV Act on the basis of continuing cause of action.