Right of wife to get residence as per DV Act
We agree with the view expressed by the High Court that in looking into a complaint under Section 12 of the PWD Act, 2005, the conduct of the parties even prior to the coming
into force of the PWD Act, could be taken into consideration while passing an order under Sections 18, 19 and 20 thereof. In our view, the Delhi High Court has also rightly held that even if a wife, who had shared a household in the past, but was no longer doing so when the Act came into force, would still be entitled to the protection of the PWD Act, 2005.
Supreme Court of India
V.D.Bhanot vs Savita Bhanot on 7 February, 2012
Bench: Altamas Kabir, J. Chelameswar