domestic violence act
Querist :
Anonymous
(Querist) 15 May 2010
This query is : Resolved
can anybody give some decions or judgements of supreme court of India in connection to retrospective effect of domestic violence act of 2005.how can be the said act has retrospective effect when act itself is silent on it?
Prasant Satpathy,Bhubaneswar.
Pankaj Mehta
(Expert) 15 May 2010
You should find rajasthan law weekly of 2009, in which it has been held by rajasthan high court, that the act has no retrospective effect.
G. ARAVINTHAN
(Expert) 16 May 2010
All penal Acts can not be effected retrospectively
Guest
(Expert) 16 May 2010
The hon'ble Supreme Court has not delivered any judgment on this point. The various High Courts have given conflicting decisions, i.e., Kerala, Bombay and Delhi High Court (single bench) have said it has retrospective effect. There is no dispute as far as the settled principle that criminal law can be effective prospectively. But in DV Act, the question comes that whether it is a civil law or criminal law and it is held on several occasions that it is a civil law allowed to perform on criminal law platform. Only penal provision in S. 31 does not make this law a criminal law. Similar provisions of imprisonment are there in Industrial Disputes Act, Payment of Wages Act, Payment of Bonus Act, the Employees' P.F. and Misc. Provisons Act and they are not criminal laws and are effective retrospectively.
Legal Fighter
(Expert) 16 May 2010
I don't think that Supreme Court has given any such judgment tough some HCs have expressed different views.
Surrender K Singal
(Expert) 16 May 2010
The latest judgement from Supreme Court is about the applicablity against Women accused, as per recent press reports; You may like to check that judgement on toto !
