Deprivation of matrimonial home amounts to economic abuse under Domestic violence Act and it generates a continuous cause of action
If the provisions of Section 2(a) are read together with the provisions of Section 3 (iv)(a) of the Protection of Women from Domestic Violence Act, 2005, it is clear that a wife, even if, she was driven out of her matrimonial home prior to the commencement of the Protection of Women from Domestic Violence Act, 2005, if continues to be deprived of all or any economic or financial resources to which she is entitled under any law or custom whether payable under an order of a court or otherwise or which she requires out of necessity, is entitled to move an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The view that I am taking is also supported by a decision of the Bombay High Court in the case of Maroti Lande v. Sau. Gangubai Maroti Lande, reported in 2012 CRLJ 87, where the court was of the view that deprivation to the benefits of a matrimonial home amounts to economic abuse and it generates a continuous cause of action.
Petitioner :- Preetam Singh & Another
Respondent :- State Of U.P. & Another
Citation ;2013 CR L J 22 Allahabad
Case :- CRIMINAL REVISION No. - 2355 of 2012
