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C Prakash (Manager)     15 May 2010

Retrospective Domestic Violence imposition

Dear Learned & esteemed Lawyers

Sirs I would like to know if husband & wife are living separately for more than 2 years and no complaint as such has been filed to this effect in this period, no charges made?? Also as per facts of case a mutual divorce was filed by them 1 .5 years earlier but could no pass through second motion as wife withdrew the case without specifying reason and since then there has been no action taken by either parties?



 5 Replies

A V Vishal (Advocate)     15 May 2010

It is a fundamental principle of law that any penal provision has no retrospective operation but only prospective.

However, there are different opinions of different HC on the matter

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D.v. Act is applicable with retrospective effect for the following reasons:

1.  The victim has not acquired any new legal right after passing of the DV Act and the DV Act is nothing but collecting all the legal rights available to women  from a period earlier to passing of DV Act and there are placed only at a single place in DV Act.

2.  The domestic violence Act is not criminal in nature and the rights available there to the applicant (woman) are civil in nature, even though to achieve these rights, the criminal court forum is evolved.

3.  The perpetration of domestic violence by husband or his relative  is itself  not an offence as described in Cr.P.C. or I.P.C. and any offender by doing such  domestic violence cannot be put behind the bars under the Act.  Only violation of court orders passed under the domestic violence Act attracts Section 31, which prescribes imprisonment.  On that ground also, DV Act is not Criminal Act and hence, can be applied retrospectively. 

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adv. rajeev ( rajoo ) (practicing advocate)     15 May 2010

No it is not restrospctive effect

Anil Agrawal (Retired)     16 May 2010

Women too can be booked under Domestic Violence Act: Govt

What a deep slumber it was for Govt.?

Munirathnam (Scientist)     17 May 2010

We can use this oppertunity to file DV against wife by mother-in-law. It is good for people in this aspect. Also sister0in-law also can file DV on wife.

Thanks for govenrment.

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