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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?

CAN DV BE IMPOSED IWTH RETROSPECTIVE EFFECT???



Learning

 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

1 Like

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.

1 Like

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