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

“….. On a careful perusal of section 31 of the Act, it is found that the act of domestic violence does not attract penal consequence as per the Act. Only if a protection order is passed and the respondent in the main petition violates the protection order passed by the court, then such act of breach of protection order is construed as an offence.

The penal consequence emanates from the date of protection order passed by the court. But, it does not date back to the act of domestic violence committed by the husband and his relatives.

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. …”

Questions :

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 Has this case been countermanded / repealed later ?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 ?

Judgment at:

226 Madras High Court – Dennison Paulraj vs Mrs.Mayawinola