Domestic violence act


wife seprated 21.07.2010 and she filed dv case in 16.09.2011 what is the limitation period. can she file after one year.

 
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Worker

there is no limitation period for filing DV

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

yes, she can file.

 
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498a Fighter

 

Read this

http://www.lawyersclubindia.com/news/Domestic-abuse-case-can-be-filed-any-time-Delhi-HC-10739.asp#.UM8O9G_qnis

 
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Worker

additional sessions judge held that Savita’s claim was maintainable since she had left the matrimonial home on July 4, 2005, and the Act had come into force on October 26, 2006.

 

this means a woman can avail DV act even if the incident had occurred before the enactment of DV act.

 
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zz

Ppl are trying to fight DV limitation period as 1yr based on Indejit S Grewal SC judgment, but no success story read till date!

 
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Worker

rajiv, 

facts of the judgement are different and unique to that particular case.


finding of SC in that judgement is not General

 
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Legal Enthusiast

hello,

if they have filed case then fight it on merits and prove that there is hardly any domestic relationship during that time period.

 
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yes she can apply divorce  but law says that both the couple should be separated atleast for one year before applying for divorce.


she can claim maintenace according to sec125 also

 
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498a Fighter

Originally posted by : kumar

yes she can apply divorce  but law says that both the couple should be separated atleast for one year before applying for divorce.


she can claim maintenace according to sec125 also

he he he..

Its nots DIVORCE dear..its domestic violence(PWDVA)

 
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