Criminal revision petition by husband in district court

Yes,

 

SC and two HCs have held that DV is not maintainable after 1 year of last alleged incident.

 

 

Regards,

Domestic violence can be happened after one year of seperation also but you have to prove that he had done violence otherwise the lower court follow the directions given by the higher courts can dismiss your petition , and suggest you to lodge fir against him in the police station.

If both of you not interested then you both go to the family court in-persion(without any lawyer) and file petition U/S "13B-Divorce by mutual consent" of Hindu Marriage Act. If you and/or your husband hires lawyers than it will drive lifelong may be even after life. Most of the lawyers are corrupted. They will make you understand something and your husband something else to extort money from both of you. Please both of you leave all of yours egos, both of you go to the family court in-person, make petition in-person and get divorce with mutual consents. Both of you enjoy your new life.

 

Good Luck!

what kind of domestic violence happened with u? that is still continued or not? if yes, then ur case is well maintainable.

on 2010 my mrg occured 

in 2012 i gave birth to a female child..

after the birth of my daughter my in laws started abusing me mently .not giving proper food not took care of child etc...with this kind of behaviour of them my health started deteiorating.my husband take my sim card all internet connections cut..etc etc..he stop my all means to t\lk to my parents ...then

after few days my brother in law and his wife(brother of husband) came and aw my condition they called upon my parents and adviced them to take me with them as i was so weak by then...

so with permission of my husband and other present members i came to my parents home in 2013 january

after that my husband not pick my call not answer my mails etc ..one day he picked up my phone and said dont came in my house and i will not want to take u back..

in april i put application in sanjh kendra councelling happend bt no use..he refuses me and my daughtr

they register false complaint of my parents in ps that they came to beat them bt they cant prove it bt case dismissed over there

then they promise us that they will compromise with us if we take back ur case  e then close our case. bt they not come

then in jan 2014i filed dv on my husband till now he is not giving reply..bt  gave application in court to dismiss my complaint.

 

a

But court dismiss his application ....now he filed appleal in upper court district court..to dismiss my complaint as it is filed after the period of saperation of one year....and still not reply to main petition.

i want to know

have i any trouble with it..

as orders of maintainance are postponed because of his appeal..

judje will pass orders of maintanance aftr orders of his appeal will come?

is my case maintanable as his application is dismissed in lower caourt?

will his application dismiss in upper caout also?

Dear Querist

your Domestic violence complaint is very well valid and maintainable in the eyes of law, the one year from the incident of domestic violence is the limitation, if the violence is in the continue nature then the limitation will be start from last incident, in your case the limitation will be start from closing your complaint after their assurance.

Feel Free to Call

his domestic violance is still continued.......

yes, the violence is continue...................

his appeal will dismissed.....................

The story that you have written, you know only.

But if is false then same court may frame charge against you and force you to face trial.

Please remember that the burden to prove this story lies on you only.

sir one thing i also want to know.

few  days back i put mail in our punjab's deputy CM mailadress that my husband is harrasing me not giving maintanace to me and my daughter and not taking us back to our home...etc

after few days women cell sub inspector call us for counselling on behalf of my complaint to deputy cm

there my husband came and refuse to take us..complaint went to ssp 

ssp said to file 498 on him ..my husband is govt employ and i m a house wife not have money to files another cases on him 

what should i do to this extent as if i filed case on him he will be suspened then from whee he will give us maintainance.......

If he gets suspended then how will you get maintenance?

It is better please talk to your husband and get mutual divorce by filing petition in-person (Without Advocate) as I said above. Please don't try to fight with each other like children.

I differ from Ld. Nadeem, 

 

In 2012(4)WLN237, the Hon'ble High Court of Rajasthan has held. 

Domestic  violence  is  a  violence  which  is  committed  when  parties  are  in domestic  relationship,  sharing  same  household  with  an  opportunity  to  commit  violence.  Here  in the present case, when the parties are residing separately since 2002, there was no occasion to commit domestic violence and the petition is clearly not maintainable.

 

However to the original querist, if the period of limitation is ONE YEAR, it is ONE YEAR. Police can not get you maintenance. You could have filed a petition u/s 125 CrPC, where there is no period of limitation.