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What is the time period to file a dv or 498

Page no : 2

(Guest)
Originally posted by : ashoksrivastava


@ nopain no gain

 

dv cannot be filed after 1 year of no domestic relationship(i.e no cohabitation)(refer SC JUDGEMENT in inder kumar grewal case). Upto SC judgement in sunita kumari kashyap vs state of bihar case it was a settled law that 498a is not a continuing offence and so time limit for filing 498a was clearly 3 years of last alleged cruelty.

After this judgement it will depend on the nature of allegations whether a case of continuing cruelty is made out or not. in case it is there will be no time limit. however I haven't heard of any judgement after above mentioned judgement wherein 498a case is admitted after 3 years. regards ASHOK


Sorry for forgetting this.

 

There should be domestic relationship only then can file a DV act case. If filed too cannot last long.


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