SARITA TAMRAKAR Vs. SUDHIR TAMRAKAR

JUDGEMENT

(1.) The root question falling for consideration in this revision is whether the conduct of the parties even prior to commencement of Protection of Women from Domestic Violence Act, 2005 (for short, PWD Act, 2005)would be taken into consideration while hearing application under Section 12 of the PWD Act, 2005.

(2.) The applicant-wife preferred an application seeking relief as enumerated under Sections 17,18 and 19 of the PWD Act, 2005, against the non-applicants No. 1 to 3 i.e. Husband, Father-in-law and Mother-in-law respectively, stating inter alia that the marriage of applicant was solemnized with non-applicant No.l in the year 1988 and they have two sons out of their Wedlock. It was stated that her Husband i.e. non-applicant. No.l has maltreated her and forced her to live separately, and as such, she is entitled for the reliefs claimed in the application.

(3.) The said application was opposed by by the present non-applicant stating inter alia that the PWD Act, 2005 came in to force w.e.f. 26.10.2006, whereas, the date of occurrence in the instant case is prior to coming into force of the PWD Act, 2005, and therefore, that conduct cannot be taken into consideration under the provisions of PWD Act, 2005.