Domestic Violence Act 2005

Adv. Deepak (Querist) 27 September 2009 This query is : Resolved
Resp. Experts, What does Law of Limitation say about the acts defined in Domestic Violence Act as "domestic violence"? Can wife file application for any act done by husband before 4/5 years prior to their living separately. In my case, husband is living separate from wife for more than 4 years. Wife filed domestic violence application claiming that husband has committed domestic violence before 5 years, when they were living together? What could be my defence in such case? Is such application by wife maintainable under the law? Your expert advise is highly solicited. Regards. Adv. Deepak

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Legal Fighter (Expert) 27 September 2009
You take ground that DV Act is not retrospective in nature. Find a judgment on google.com searching "DV Act" and "Retrospective" by Andhra Pradesh High Court.

Raj Kumar Makkad (Expert) 27 September 2009
Deepak ji! Law is nothing but a common sense. The act was made in 2005 and its notification was made in Dec 2005 and it was made applicable from the date of notification hence the previous acts of violence, even if existed, cannot be agitated under this act. You should hotly contest this application on this ground. Take the help of its preamble and latest citations of SC

Bhumik Dave (Expert) 28 September 2009
Agreed with Mr. Raj

G. ARAVINTHAN (Expert) 28 September 2009
The preamble portion and limitation clause provided in the Act will clear your question

Sarvesh Kumar Sharma Advocate (Expert) 28 September 2009
Agreed with Mr. Raj see the preamble of the act.

PJANARDHANA REDDY (Expert) 28 September 2009
CASE UNDER DV ACT IS NOT MAINTAINABLE,EVEN IF ANY FC/PS TOOK IT, EVEN IN COUNSELING STAGE IT SELF,U CAN CHALLENGE THE LIMITATION..

A. A. JOSE (Expert) 28 September 2009
The question has been rightly answered by all experts herein above and I too endorse the views.

Ravi Arora (Expert) 28 September 2009
do agree with mr raj

Somnath mukherjee (Expert) 28 September 2009
the judgements of AP highcourt is overrulled . presently there is no citation so you should fight the case by common sence you may take advice from me before doing so you have to give the full case history along with the domestic violence report.