Woman denied relief under Domestic Violence Act

NEW DELHI: An attempt by a woman, who got married 25 years, to seek relief from a Delhi Court under the Domestic Violence Act for alleged harassment by her husband and in-laws in 1997 has fallen flat.

The court rejected her plea saying that the Protection of Women from the Domestic Violence Act cannot be applied to an incident of harassment which occurred 11 years ago as the woman-friendly legislation does not be applied with retrospective effect.

“All the allegations of domestic violence and harassment pertain to the period prior to the year 1997, much before the present Act came into force on 2005. The Act also does not have a retrospective effect,” the court said.

In an application filed under the Domestic Violence Act, Ashma alleged that she was kicked out of her matrimonial home in 1997 while her belongings including jewellery were retained by her husband Afsar, a South-Delhi businessman and in-laws.

She also submitted that her husband was living with another woman after re-marrying with her without her consent.

She sought a protection order, monetary relief including a compensation of Rs three lakh and a monthly sum besides a direction to her husband and in-laws to arrange accommodation for her.

The husband, a resident of Ambedkar Nagar, contested her claim by stating that she, herself, had deserted him on January 14, 1995. He also claimed that she did not join his company despite repeated efforts by him. He also denied allegations of harassment or torture.

“It is admitted that the applicant was not residing with the man at her matrimonial home after leaving the same in 1997, rather she has been residing with her parents since more than a decade,” the court said, dismissing the woman’s plea for relief under the Domestic Violence Act.

Source: The Times of India


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