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Domestic violence case after 10 months of separation

Querist : Anonymous (Querist) 06 January 2012 This query is : Resolved 
Dear experts ,
I got married in November 2007 and have a daughter who is amost 2yrs old.
My wife has filed a fasle domestic violence case after staying separate for 10 months.She left my home to attend a marriage function at her house on 1st November 2010 and she filed the case on 8th September 2011.I received notice on 1st November 2011.
The complaint consists of alleaged incidents which took place in 2009 and early 2010. My question is in accordance with the Indrajeet Singh Grewal case judgement which I saw recently in one of the topic . Can the above said judment be useful in my case as the alleaged incidents are more that 1yr old ?
Please advice
Raj Kumar Makkad (Expert) 06 January 2012
Application of DV Act is with retrospective effect so the incident to which you plead as true may come in your way as the same has not been condoned as yet, however, some of the points of the referred case beneficial for you.
Shonee Kapoor (Expert) 06 January 2012
Yes it can.

Only the last incident has to be within ONE YEAR.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman (Expert) 06 January 2012
The case is maintainable.
The Grewal case does not make any precedent on time limit of filing a case under OPWDV Act.
It is a casual remark while discussing some other legal topic on nullity of an order and is not a ratio decidendi.
Raj Kumar Makkad (Expert) 07 January 2012
Kapoor ji! /even there is no condition of last incident to be within one year of filing for DV Act.
Advocate Rajkumarlaxman (Expert) 07 January 2012
what pleadings have been placed in filing the case
prabhakar singh (Expert) 07 January 2012
The proceedings are maintainable under D V Act.
Deepak Nair (Expert) 07 January 2012
Agree with the views of learned experts
Rajeev Kumar (Expert) 07 January 2012
Agree with ld.experts
Arun Kumar Bhagat (Expert) 07 January 2012
I endorse the views of Mr. Barman.
Sushil Sharma (Expert) 07 January 2012
case is maintainable, there is no time limit


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