In a judgment of far reaching consequences, the Mumbai High Court ruled today that depriving one’s wife of financial support and access to the matrimonial home constitutes domestic violence and the accused must face the punishment under the provisions of the Domestic Violence Act.

Delivering the judgment in the case of Salim Khan Vs Meherunissa (names changed), Justice A P Bhangale said the wife was kicked out of the husband’s house in 2001 for not bringing more dowry years before the Domestic Violence Act came into force in 2006.

“She was denied access into the matrimonial home prior to the Act coming into force but the denial of access continued even after the Act came into force. Moreover, they were not divorced. So she was fully entitled to take action against her husband under the Domestic Violence Act,” said the judge.

It was case of a continuous cause of action as she was still his wife, observed the judge.

Salim and Meherunissa were married in 1993 and had two daughters. She was driven out of the house in 2001 by her husband who demanded more money as dowry. Unable to bear the harassment for dowry, she lodged a domestic violence complaint in 2009 and sought Rs 5,000 as monthly maintenance for herself and their two daughters, besides a lump sum payment of Rs 3 lakh towards compensation, medical expenses and litigation costs.

Salim challenged the petition saying that the application was not maintainable, but the lower court dismissed his plea. He then approached the high court.