Timelimit for filing dv case
Querist :
Anonymous
(Querist) 28 January 2012
This query is : Resolved
What is a timelimt for Filing DV case from Incidence/ Event happening?
Raj Kumar Makkad
(Expert) 29 January 2012
There is no time limit for filing DV case.
Devajyoti Barman
(Expert) 29 January 2012
Yes, there is no time limit as long as the casue of action is subsisting.
adv. rajeev ( rajoo )
(Expert) 29 January 2012
No limit. If wife want to harass husband she can file it any time on false grounds
N.K.Assumi
(Expert) 29 January 2012
A law that permits perpetual harassment to the husband.
Guest
(Expert) 29 January 2012
no time limit
Advocate. Arunagiri
(Expert) 29 January 2012
The maximum punishment under the DV act is one year.
So, as per 468 cr.p.c., the time limit for lodging a complaint under DV act is one year from the cause of action.
A. A. JOSE
(Expert) 29 January 2012
Though strictly no time limit has been stipulated in the DV Act, provision of s.468 CR.PC is relevant to be observed.
Devajyoti Barman
(Expert) 29 January 2012
The tortures or cruelty as alleged has no time limit specially if the economic absue is taken into account.
Advocate. Arunagiri
(Expert) 29 January 2012
I am enclosing a citation Inderjit Singh Grewal vs State Of Punjab & Anr decided by SC. The SC ruled that
24. ..........on the issue of limitation, in view of the provisions of Section
468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident
seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6)
of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C.
applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR
2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.
V R SHROFF
(Expert) 29 January 2012
Dear Arunagiri,
Thanks a lot for the Apex Court Judgement.
It is binding. She challenged terms of MCD, and she was right. She falsely alleged she is living together to protect Limitation, for entering DV Act, and received 27L+15k for residence, as her hussy earn in usa. It is a very special case.
The Act , DV Act Sec 28 (2 )read, " Nothing in sub section (1) shall prevent the court from laying down it's own procedure for disposal of an application u/s 12 or under sub - section (2) of Sec 23.
The proceedings before Magistrate under this act are hybrid in nature. . They are neither purely criminal,or civil.
So So, as per 468 cr.p.c., the time limit for lodging a complaint under DV act is one year from the cause of action." can be waived off at the discretion of JMFC.
The Opposite Party/ Husband here, is not accused. If he do not appear in court, no Summon or Warrant can be issue. The Procedure of DV, do not attract strict cr p c.
Shonee Kapoor
(Expert) 30 January 2012
As per reasoning of Inderjit Singh Grewal judgement, it should be one year from the date of last incident.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate. Arunagiri
(Expert) 30 January 2012
Mr.Shroff,
You may see the s.15(6) of DV Rules, which is self explanatory.
(6) When charges are framed under section 31 or in respect of offences under section 498A of the Indian Penal Code, 1860 (45 of 1860), or any other offence not summarily triable, the Court may separate the proceedings for such offences to be tried in the manner prescribed under Code of Criminal Procedure, 1973 (2 of 1974) and proceed to summarily try the offence of the breach of
Protection Order under section 31, in accordance with the provisions of Chapter XXI of the Code of Criminal Procedure, 1973, (2 of 1974).
