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Crl.M.C.390/19 - : 7 :-
8. Sri.P.Rahul, learned counsel appearing for the petitioner
would point out that the incidental issue taken up by the lower
appellate court that the petitioner has been divorced by the 1 st
respondent and that therefore such a divorced lady cannot claim any
shared house hold right in respect of the residential building in which
she was residing along with her husband, is not legally tenable. It is
pointed out that to the best of the knowledge of the petitioner no such
valid talaq has been pronounced by the 1 st respondent on her and
that in view of the later judgment of the Apex Court on such issues,
heavy onus is there on the husband to prove that divorce has been
validly obtained in the manner known to law. Further it is pointed out
that this Court has clearly held in decisions as in Bipin v. Meera
[2016 (4) KLT 418] that any act which has a rational nexus to the
past matrimonial relationship or which arises therefrom or as a
sequel to that relationship, should conceptually fall within the
provisions of D.V. Act and that the cause of action for any relief
under the DV Act is not confined to the fators of time and space with
regard to the matrimonial relationship, but extents beyond their
limits, if it has a rational nexus with the domestic relationship, past or
present, etc. This Court need not enter into those aspects and if such
Crl.M.C.390/19 - : 8 :-