Domestic Voilence Case - Plz advise
RAMESH. V.L., Advocate
(Querist) 19 May 2010
This query is : Resolved
Husband & Wife living separate since 2004 during which a child was born, in the year 2006 wife filed a 498A case against husband still pending, later they filed a case for maintenance u/s 125 Crpc, in which no SS was served on us,,, now in the year 2009 the wife filed a Crl Misc case under Sec-12 of DV Act, surprisingly she made the parents of her husband to this case. now i want know,,, whether the DV Act applicable to this case as the wife & husband living separate since 2004 and the Act came into force in the year 2005... and can your goodself help me by giving some latest citations favouring the Respondent husband..... I ll be greatful to them who helps me since its my first case in DV Act.... Thanking you....
Raj Kumar Makkad
(Expert) 19 May 2010
DV Act is now applicable with retrospective effect also but in your case at least parents have no role to play and this fact can be established by them before trial magistrate and thus they shall be released. Husband shall have to come on merits and should defend the matter vigorously.
Guest
(Expert) 19 May 2010
Yes. DV Act is applicable retrospectively. But A.P. High Court in U.V. Thimmanna & Ors vs. Smt. U.V. Sandhya And Another held it is not have retrospective effect.
