From Chennai HC judgment here:
Read my maintenance book (DV and CrPC 125) if you want to save HARD EARNED money. Use coupon code MenToo to get 52% discount and help it win Sales Contest to promote #MenToo awareness. (Kindle eBook version) (Print Paperback version)
Download my free PDF eBook Surviving the Legal Jungle
Don't be a lone ranger... JOIN our Facebook group to connect
Read this FREE eBook written by fathers involved in child custody issues(PDF book)
Unfortunately the PDF does not allow text excerpt to be copied. Pls read carefully Sec 8 of judgment below. It says that Domestic Violence act (PWDVA) can be applicable for act of violence before DV act came into force i.e 26 Jun 2006.
From another Chennai HC judgment at this site:
6. Though the allegations made against the petitioner by the respondent relates to the occurrence that has taken place on 27.6.2006, one of the allegations is that the respondent and the child have been driven out of the household and they are unable to maintain themselves. It is not the case of the petitioner that the respondent and the child are living in the house along with the petitioner. Even as on today, the respondent and the child are living away from the household.
8. ……some portion snipped
. Therefore, even though the Act has come into force with effect from 26.10.2006, the petition has been rightly entertained by the learned Magistrate. The said Act being a benevolent piece of legislation to protect women from domestic violence, technicalities cannot stand in the way of the Court entertaining the said application. Even if the petition is not in proper form and the respondent has not sought for any particular relief, the relief can always be moulded by the Court below. Therefore, the said contention put forth by the learned Counsel for the petitioner cannot be countenanced and the same are devoid of merits and accordingly rejected.