DVACT can have retrospective effect

Please go through the para 11 of the attachment.

this is retroactive in only two states, rest all its not retroactive

@ Author,

Gr8 to know you managed ot send your cousin on JC to Dasna Jail !

UP HC has not issued any direction on DVA being retro. or prosp. and nearest is one of the District Court in UP direction it being prosp. but this will not help your Uncle's case and second nearest is UTK HC's  Bench at Nainital way back in 2008 stayed similar matter matter of parties.


RIght now Hon'ble SC is examining retro. or prosp. effect of DVA along with whether the DIR is a must and effects of S. 26 PWDVA so wait or get your uncle's Appeal moved to Session and get the matter stayed at trail Court level quoting Hon'ble SC staying the matter on retro or prosp. ground sof several parties and immediately move to Hon'ble SC and get your uncle's matter tagged to current SLP (Crl.) before SC asap. 

ATB. 

no doubt tajobindia is best dv expert in country.

@ Arvind,

Justice Jain has added from his half wisdom word "should" and made it retrospective whereas you and we all know that Court can't add or substract legislative intent [for which you should read again the verbatium copy of S. 2 (f) PWDVA just above para 11] and or wordings. If you say "yes" a Judge can add or substract legislative intent then let us go back to Law school. However, it is a farce Act which leaves "equality" principals on the side burner and any Act / Bill / Code which doe snto grant "equality" should be discarded even if it is meant for womens. 

There are catena of binding authorities from Ho'ble SC which says Courts are there to despense judgments and not for adding or substracting legislative intent of a Code and or Act so in no streatch of imagination Justice Jain ought to have done which he should not have done and it is a khap Judgment.

Hence, quoting this DHC Judgment where Justice Jain has added words from his side while interpreting the "intent and scope" of PDWVA is erroneous and thus a far reaching chaos he has created atleast in Delhi circuit.

Dear All,

thanks for the reply,

my aunty has put the dv case in Delhi.

Actually they need the share in my uncle's property thatisit and nothing to do with.

how can we approach to SC , also , what is the justice , when a lady is harrasing so much to an innocent person for whole of the life than asking right of residence,

this is totally an misuse of DV ACT.