Limitation period
Mustafa Bhat
(Querist) 24 February 2014
This query is : Resolved
Sir,
Is there an Supreme court Citation/ Judgement were the occurrence of offence has to be reported within six months.
I had filled an FIR against my husband for 498A for his cruelty , beating & dowry demand ,Later the charge sheet was submitted in the court,which is for argument for framing of charges,the counsel of my husband said in court that the FIR has been Lodge for more than 8 months after the lady left the house of her husband & charge cannot be framed against my husband.The fact is that FIR was filled late by me from Parental Home as my inlaws even after beating me & dragging me out of my matrimonial house Staring demanding dowry when i was at my parental house and i actual wanted to settle my family as i have baby also.But my husband has developed some illicit relation with some lady & was enjoying with her. I have also accepted in one application for Maintences that i am at my parental house from almost 8 months before FIR.Moreover my husband is claiming that I have divorced the lady under Muslim personal law as we are both Muslim almost 9 months before FIR & has send Divorce through post,which(divorce) i have neither received nor seen.
plz advise what is the remedy for such citation or Judgement.
ajay sethi
(Expert) 24 February 2014
proper explanation has to be given as to why there was 8 months delay . their is possibility of concoctions and embellishment of the case and delay in lodging is viewed with suspicion .
Mustafa Bhat
(Querist) 24 February 2014
Sir,
I filled FIR only when the torcher i faced was beyond my limites, the fact is FIR should have been done very early but i was hoping that the attitude of my husband & inlaws may change,but nothing that sought happened only demands increased,
plz update me if there is any such citation.
Devajyoti Barman
(Expert) 25 February 2014
Limitation does not attract in your case. It is continuing wrong and happens even if you do not stay with your husband anymore.
So rest assured. Case would not be dismissed on this ground alone.
Rajendra K Goyal
(Expert) 25 February 2014
Agree with the expert Devajyoti Barman ji. Citation not provided in this section.
ajay sethi
(Expert) 25 February 2014
for citations search indian kanoon.com
Mustafa Bhat
(Querist) 25 February 2014
Sir,
I am in need of that Citation,the Counsel of my husband was pledging that that the citation is from supreme court.
T. Kalaiselvan, Advocate
(Expert) 26 February 2014
Agree with the experts. It is a continuing offence, hence you may find respite.
