creates a new obligation or imposes a
new duty, or attaches a new disability
in respect of transactions already past,
must be presumed to be intended not
to have a retrospective effect."(See
Amireddi Rajagopala Rao v. Amireddi
Sitharamamma.)
As a logical corollary of the general rule, that
retrospective operation is not taken to be
intended unless that intention is manifested
by express words or necessary implication,
there is a subordinate rule to the effect that
a statute or a section in it is not to be
construed so as to have larger retrospective
operation than its language renders
necessary.
"Every statute, it has been said", observed Lopes,
L.J.,
"which takes away or impairs vested rights
acquired under existing laws, or creates a new obligation
or imposes a new duty, or attaches a new disability in
respect of transactions already past, must be presumed to
be intended not to have a retrospective effect." (See
Amireddi Raja Gopala Rao v. Amireddi Sitharamamma, 1965 (3)
SCR 122).
In Amireddi Raja Gopala Rao v. Amireddi
Sitharamamma [AI R 1965 SC 1970 : (1965) 3
SCR 122), a Constitution Bench was concerned
with the issue as to whether the rights of
maintenance of illegitimate sons of a Sudra
as available under the Mitakshara School of
Hindu law were affected by introduction of
Sections 4, 21 and 22 of the Hindu Ado ptions
and Maintenance Act, 1956. The Court held
that they were not, and observed in para 7 as
follows : (AIR p . 1973)
" 7. ... a statute should be interpreted, if
possible, so as to respect vested rights,
[ Ed.: The words between asterisks are found
in AIR but not in SCR.] and if the words are
open to another construction, such a
construction should never be adopted [Ed.:
15. A Constitution Bench of the Supreme Court in Amireddi Raja Gopala Rao v. Amireddi Sitharamamma, , held that the claim of an Avaruddha Stree or woman kept in concubinage for maintenance for her lifetime against the estate of her paramour rested on the express text of Mitakshara, Ch.2; S.I, v. 27 and 28 read with V.7 and approved the Full Bench decision of Bombay High Court in Akku Prahlad v. Ganesh Prahlad, ILR 1945 Bom. 216 = AIR 1945 Bom. 217 (FB), wherein it was held 'that a married woman who left her husband and lived with paramour as his permanently kept mistress could claim the status of an Avaruddha Stree by remaining faithful to her paramour, though the connection was adulterous, and was entitled to maintenance from the estate of the paramour so long as she preserved her sexual fidelity to him."