Protection of Women from Domestic Violence Act, 2005 (43 of 2005) 

Section 36

Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 36, and Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Section 3 - Principles of statutory interpretation dictate that in the event of two special acts containing non obstante clauses, the later law shall typically prevail - The Senior Citizen’s Act 2007 contains a non obstante clause – Protection of Women from Domestic Violence Act, 2005, , Section 36 stipulates that the provisions of the Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force - This is intended to ensure that the remedies provided under the enactment are in addition to other remedies and do not displace them - The Maintenance and Welfare of Parents and Senior Citizens Act 2007 is undoubtedly a later Act and Section 3 stipulates that its provisions will have effect, notwithstanding anything inconsistent contained in any other enactment - However, in the event of a conflict between special acts, the dominant purpose of both statutes would have to be analyzed to ascertain which one should prevail over the other - The primary effort of the interpreter must be to harmonize, not excise - However, the provisions of Section 3 of the Senior Citizens Act 2007 giving it overriding force and effect, would not by themselves be conclusive of an intent to deprive a woman who claims a right in a shared household, as under the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) - Principles of statutory interpretation - Section 36 of the Protection of Women from Domestic Violence Act, 2005, albeit not in the nature of a non-obstante clause, has to be construed harmoniously with the non obstante clause in Section 3 of the Senior Citizens Act 2007 that operates in a separate field. Bank of India vs. Ketan Parekh, (2008) 8 SCC 148, Pioneer Urban Land and Infrastructure Ltd. vs. Union of India, (2019) 8 SCC 416, relied. 2020 SCeJ 2140