Monthly Archives: April 2010

Could provisions of DV act be retrospectively applied ?

On the moot question “..IF provisions of DV act could be retrospectively applied ….”, the Madras High Court has ruled as follows in a case

“….. Therefore, it is far fetched to contend that the provisions of the Act can be invoked only if any domestic violence is committed after the Act came into force.  The court is competent to take cognizance of the act of domestic violence committed even prior to the Act came into force and pass necessary protection orders.  The Act can be applied retrospectively to take cognizance of the act of violence alleged to have been committed even prior to the coming into force of the Act.  …”

1. Has this case been countermanded / repealed later ?

2. Are other High courts of a similar view (retrospective application of DV act ..) or ??

3. Any other important points we should note ?

226 Madras High Court – Dennison Paulraj vs Mrs.Mayawinola