If wife was not living at Matrimonial Home when DV Act Passed, i.e., prior to Oct. 2006, can she demand for residential rights?
Yes. The wife can demand for residential rights and can get the same.
If the acts of domestic violence perpetrated by the husband were prior to passing of the DV Act, can the wife seek the remedies of maintenance, residential rights, protection order, compensation etc. under the DV Act? Especially, when some people opine that the Act is a criminal Act and cannot be operated retrospectively.
YES. Even if the violent acts on the part of the husband were prior to enactment of DV Act, he is liable to be prosecuted under DV Act and wife is entitled to the reliefs laid therewith in the Act and the Act can be operated prospectively.
ABOVE PRINCIPLES OF LAW HAVE BEEN LAID DOWN BY THE SUPREME COURT. THE CASE IS ATTACHED HEREWITH.
