Domestic Violence act has retrospective effect

Domestic Violence act has retrospective effect

Saraswathy vs Babu

Supreme Court

25/11/2013

CRIMINAL APPEAL NO. 1999 OF 2013 (arising out of SLP(Crl.)No.2190 of 2012)

About/from the judgment:

The respondent husband has not allowed the appellant wife to reside in the shared household matrimonial house, we hold that there is a continuance of domestic violence committed by the respondent husband against the appellant wife. In view of the such continued domestic violence, it is not necessary for the courts below to decide whether the domestic violence is committed prior to the coming into force of the Protection of Women from Domestic Violence Act, 2005 and whether such act falls within the definition of the term ‘Domestic Violence’ as defined under Section 3 of the PWD Act, 2005.

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