2010 CRI. L. J. 3751 ::(2014) 2 MarriLJ 622 ::2010 (2) RecCriR 780 ::(2010) 2 RecCivR 802 ::(2010) 1 ALD(CRL) 1 ::2010 AllMR(CRI) 111

Andhra Pradesh High Court

Hon'ble Judge(s): K. C. Bhanu , J

Protection of Women from Domestic Violence Act (43 of 2005) , S.1— Interpretation of Statutes - Retrospective operation of Statute.Interpretation of Statutes - Retrospective operation of Statute. Constitution of India , Art.20— The Domestic Violence Act, 2005 is retrospective in operation. The intention of the legislation is to provide certain remedies to the victims of domestic violence and also to prevent occurrence of domestic violence in the society. Therefore the acts of violence occurred prior to 25-10-2006 would come within the meaning of 'domestic violence' as defined under the Act.(Para 38) Moreover remedial statutes which are more literally interpreted are sometimes allowed retrospective effect. In other words close attention must be paid to the language of the statutory provision for determining the scope of retrospectivity intended by the Parliament. In deciding the question of applicability of a particular statute to past events the language used is no doubt most important factor to be taken into account but cannot be stated as an inflexible rule that use of present tense or present perfect tense is decisive of the matter that the statute does not draw upon past events for its operation. The words 'who is' or 'has been' in clause (a), 'who live or have' in clause (f) 'she is, or has been' in clause (....