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1.

DV Act 2005
HC of RAJASTHAN at JAIPUR

on

2016-11-17
S.B.Criminal Revision No 670 of 2016J.Prashant Kumar AgarwalGeeta Singh vs State of RajasthanDV ACT 2005

Although, the Act has been enacted to provide more effective protection of the rights of women but that does not mean that a woman can claim any expenses as monetary relief : The question in the present . case is whether refusal by the respondent to incur living expenses of his daughter can be said to be commision of economic abuse. No law or custom has been shown by the petitioner under which a well educated daughter of the age of more than 30 years can claim her I living expenses to the tune of 700 pound per month for pursuing her further higher studies from a foreign University. According to this provision deprivation of economic or financial resources which the the aggrieved person requires out of necessity also amount to economic abuse. For the applicability of this part of the provision, requirement of the aggrieved person must be out of necessity. In my opinion each and every expenses incurred or to be incurred by the aggrieved person for her study cannot be termed to be a requirement out of necessity. Expenses incurred or to be incurred by daughter of a person for her reasonable studies can be said to be a requirement out of necessity but living expenses incurred or to be incurred by a daughter for pursuing her further higher studies from a foreign University and more particularly in view of the fact that she has already obtained a post graduate degree from a reputed University in India and has already taken further studies from a foreign university and who is capable of earning her own income by joining a job and who has joined her further studies without the consent of his father rather against his wishes cannot be said to be a requirement out of necessity and even if father has refused to bear such expenses, it cannot be said that the daughter has been subjected to economic abuse within the meaning of the Act. Although, the Act has been enacted to provide more effective protection of the rights of women but that does not mean that a woman can claim any expenses as monetary relief from the respondent. Unless the act . of the respondent comes within the purview of the domestic violence as specified under Section 3 of the Act and unless the petitioner is an aggrieved person, no relief can be granted to her.
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