Protection of Women From Domestic Violence Act 2005?

Question

My cousin sister was beaten by her husband very harshly before their nine year old son.This happened in oct 2005.FIR(498A) was registered in dec 2005.Protection of Women From Domestic Violence Act 2005 came into force after this date .Can Protection of Women From Domestic Violence Act 2005 be applicable for this ?

Answer 1

Yes it can be used for this case too. Reason is that The Protection of Women From Domestic Violence Act is a prohibitory/preventive Act wherein the wife who has been inflicted by any domestic violence anytime before or after coming of this Act can seek Protection order against her husband & his other relatives, she can seek order for residence as well maintenance under this Act, so to say that this Act will not be applicable to such cases will be wrong, as these orders are for future acts not the past acts, i.e. protection order for avoiding or preventing future violence, residence order for providing residence to the wife who was turned out by inflicting such violence in past etc, hope this is clear now.

Answer 2

in normal circumstances the law at the time is applied. but there could be a saving clause or a retrospective clause in the act....

Answer 3

ANY LAW OR STATUTE can only apply to events that occur AFTER the law went into effect.