Share on LinkedInShare on LinkedIn

ARTICLE · 18 JUNE 2026

Retrospective Application Of Protection Orders In DV Act

Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
Contributor
Maheshwari & Co. Advocates & Legal Consultants

Maheshwari & Co. Advocates & Legal Consultants

• Full-service law firm established in 2004 by Mr. Vipul Maheshwari, headquartered in New Delhi,...

View firm profile
Explore more from Maheshwari & Co. Advocates & Legal Consultants

It is well known that legislation which changes substantive rights is to be prospective in application so as not to punish acts which were lawful when performed.

IndiaFamily and Matrimonial

Introduction

It is well known that legislation which changes substantive rights is to be prospective in application so as not to punish acts which were lawful when performed. But legislation that seeks to promote social welfare and redress systemic imbalances often challenges this tenet.The Protection of Women from Domestic Violence Act, 2005 (DV Act), is a prime example of this exception. Since its enforcement on 26th October, 2006, courts have frequently grappled with a critical jurisdictional question, i.e., whether a Magistrate can pass protection and residence orders based on acts of domestic violence or domestic relationships that occurred entirely before the Act came into force. The judiciary has resolved this by recognizing a limited, de facto retrospective application, focusing on the ongoing consequences of past abuse rather than treating the statute as a strictly prospective code.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from