Whether complaint under Domestic violence Act is permissible even if parties are residing separately prior to coming in to force of this Act?
"24. We are of the view that the act of the Respondent husband squarely comes within the ambit of Section 3 of the D.V.A., 2005, which defines "domestic violence" in wide terms. The High Court made an apparent error in holding that the conduct of the parties prior to the coming into force of the D.V.A., 2005 cannot be taken into consideration while passing an order. This is a case where the Respondent husband has not complied with the order and direction passed by the trial court and the appellate court.... The Appellant wife having being harassed since 2000 is entitled for protection order and residence order Under Sections 18 and 19 of the D.V.A., 2005 along with the maintenance as allowed by the trial court Under Section 20(1)(d) of the D.V.A., 2005...."
Vs.
Respondent: Kishor and Ors.
https://www.lawweb.in/2015/09/whether-complaint-under-domestic.html