Domestic violence Act: Gujrat HC on retrospective aspect

CR.MA/750/2011 1/1 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION No. 750 of 2011

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KANTILAL JUTHABHAI VAGHELA & 1 – Applicant(s)

Versus

STATE OF GUJARAT & 1 – Respondent(s)

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MR BHAVESH D HAJARE for Applicant(s) : 1 – 2. Ms CM Shah, Addl. PUBLIC PROSECUTOR for Respondent(s) : 1, None for Respondent(s) : 2,

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CORAM :

HONOURABLE MR.JUSTICE ANANT S. DAVE

Date : 08/02/2011

ORAL ORDER

1. Heard the learned Advocate for the petitioners.

It is submitted that the impugned proceedings initiated under section 12 of the Protection of Women against Domestic Violence Act, 2005 (for short, “the Act”) are of incidence which took place in the year 1991 and thereafter the petitioners and respondent No.2 stayed separately. The Act of 2005 has no retrospective operation and prima facie, according to the learned Advocate for the petitioners, the impugned proceedings deserves to be quashed and set aside.

2. Having considered the above aspects, issue NOTICE returnable on 11th March, 2011. Meanwhile the impugned complaint of initiating the proceedings under section 12 of the Act shall remain stayed.

[ANANT S DAVE, J.]