Mr.
Nirav Sanghvi, learned advocate for the applicant has submitted that the marriage of the first respondent took place on 10th March, 2003 and she has resided at her matrimonial home only for five days. It was contended that the protection of a woman from Domestic Violence Act, 2005 came into force with effect from 26.10.2006. It was argued that retrospective effect cannot be given to the provisions of the said Act and as such, the learned Judicial Magistrate First Class was not justified in entertaining the application under the provisions of the said Act and issuing process thereon and the learned Principal Sessions Judge was not justified in confirming the order dated 27.02.2012 passed by the learned Judicial Magistrate First Class, Vanthali below Exh. 50 in Criminal Misc. Application No. 12 of 2008. Reliance was placed upon an order dated 10.09.2013 made by this Court in Special Criminal Application No. 2891 of 2012, wherein, in relation to a similar issue, the Court had issued Rule and granted interim relief.
In the aforesaid premises, issue Rule returnable on 20th January, 2014.
By way of ad-interim relief, further proceedings of Criminal Misc. Application No. 12 of 2008 pending before the learned Judicial Magistrate First Class, Vanthali, are hereby stayed qua the present applicants.
Mr.
Himanshu Patel, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of the second respondent.
(HARSHA DEVANI, J.) Jani Page 2 of 2