A few judgments relating to the fact that PWDVA, Domestic Violence DV Act cannot be applied for complaints which may have arisen before Domestic Violence act came into force.
“It is a fundamental principle of law that any penal provision has no retrospective operation ….”
Hyderabad HC Judgment:DV penal provisions can not be applied retrospectively
In case below, HC rejected PWDVA application on grounds that the alleged cruelties happened before 1997 and DV victim anyway was staying separately since 1997. The act which came into force in 2005 cannot have retrospective application before 1997.
DV order should be passed only after hearing husband side
Extract from above judgment on pg 17, 18:
However, this principle cannot be accepted that in domestic violence always a woman is a victim or suffer party. There may be cases where misusing the sympathetic and favourable attitude of the soceity and law framers, male partners may be harassed and thereafter if Court of law gives a second push to the male partner, it may cause disorder in the society. In my considered opinion, at the time of administering such laws the Courts are required to be vigilant enough in deciding the dispute as to which part of the family is a victim of the domestic violence. In view of this also, passing orders merely on the basis of documents, without their formal proof and upon hearing the arguments has not been permitted by the law and in judicial process it ought not to be permitted and leaning attitude towards one party of the lis is required to be avoided.
Also read 9-D on page 19. Read the whole judgment carefully for details as this is a judgment on DV, Rules/procedure to be followed, and applicability of CrPC rules for passing orders under DV.
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