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Section 2(a) of the impugned Act

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/


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