RADHEYSHYAM Vs. PATASI DEVI

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Section 482 of Cr.P.C. against the order dated 25.6.08 passed by the Judicial Magistrate, First Class, Dudu, Jaipur, (hereinafter referred to as 'the trial court') whereby the trial court has dismissed the application of the petitioner -accused filed under Section 1 of the Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as 'the said Act'), in Application No. 124/06 filed by the respondent under Section 12of the said Act. The only contention raised by the learned counsel Mr. V.K. Sharma for the petitioner is that the alleged incident of domestic violence is pertaining to the period 2003 and 2004, whereas the said Act of 2005 had come into force in October, 2006 and, therefore, the respondent could not have filed the case under the said Act against the present petitioner.

(2.) IN the opinion of the court the issue involved is squarely covered by the decision of the Apex Court in case of V.D. Bhanot Vs. Savita Bhanot, : 2012 (3) SCC, 183, in which the Apex Court while upholding the decision of the Delhi High Court held interalia that even if a wife who had shared a household in past but was no longer residing with her husband or who was subjected to any act of domestic violence prior to the coming into force of the Act would still be entitled to the protection under the said Act of 2005.