Impugned Provision / other anomaly
|
Breach of Section / Article
|
Section 2(a) of the impugned
Act
|
Public Policy of India
|
Section 2(a) "aggrieved person"
means any woman who is, or has
been, in a domestic relationship with the respondent and who alleges to have
been subjected to any act of domestic violence by the respondent.
The Argument
1. The
impugned Act is against the public Policy of India, for, the impugned Act does
not provide for any limitation for instituting the case under the impugned Act.
2. Ordinarily,
every civil action is subjected to law of limitations. The laws of limitation
are founded on sound policy that a person cannot be subjected to litigation at
the whims and fancies of the other party.
3. The
doctrine of limitation is based on broad consideration, in the words of Abbott,
CJ, in the case of Battley versus Faulkner, “the Statutes of limitation was
intended for relief and quiet of the defendant and to prevent persons from
being harassed at a distant point of time, after the committing of the injury
complained of.” Also when the evidence are lost by defendant with the passage
of time, at the benefit of the Plaintiff. The idea is that every legal remedy
must be kept alive for legislatively fixed period of time.
4. The
aggrieved person includes a woman who in the past has been in a domestic
relationship with the Respondent. Therefore, a Woman is entitled to file a case
of “domestic violence” against her ex-husband and /or against his ex-relatives,
notwithstanding they may have divorced.
Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.
Law
Referencer: https://www.litigationplatform.com/
Thank you.
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