Pwdva 2005
house wife...
(Querist) 22 May 2014
This query is : Resolved
respected members LCI
recently i filed dv on my husband..i came from my husband's home on 27 jan 2013.i filed domestic violance on 10 feb 2014.
after 27 jan 2013 ...in 10 april 2013 i put complaint to ssp patiala which was forwarded to sanjh kendra patiala..we had councelling in that kendra bt my husband not ready to take me and my little daughter to his house back...6 months after that in august 2013 husband said u get ur complait back i will then compromise...i take my complaint back but he not take us back
now on 10 feb 2014 i filed dv case on him...but on date he give complaint in court that my dv is not maintainable coz it is filed after one yr of saperation...
ques 1 - my case is maintainable or not??
ques 2 - what should i do in this regard??
he gave case judgement of 2011 i think indergrewal case referance....
what should i do now??
plz
ur valuable suggetions are needed my next date is 29 may 2014.....
Devajyoti Barman
(Expert) 22 May 2014
1. Very much maintainable. One year of limitation has no application under law of the land.
2. Such judgment is misinterpreted. It never conclusively says on this point but only makes a passing remark which has no force under law. In other words it is not ratio decidendi.
house wife...
(Querist) 23 May 2014
thank u very much sir ..
one more thing
can u just expalin ur last line
(In other words it is not ratio decidendi.)
plz explain it in simple laguage..i will b very much greetfull to u....
Devajyoti Barman
(Expert) 23 May 2014
It is a legal terminology..show this to your lawyer, he will make you understand.
P. Venu
(Expert) 23 May 2014
Just because your husband has not taken you back, it does not amount to separation. On the contrary, the husband is continuing with the domestic violence so long he does not take you back obeying the promise he had made during conciliation.
Rajendra K Goyal
(Expert) 23 May 2014
The case is maintainable, agree with the experts.
house wife...
(Querist) 23 May 2014
thanks a million
ur advice i so much meaningfull and helpful to me ..
GOD BLESS U .....
ajay sethi
(Expert) 23 May 2014
complaint is maintainable . DV is a continuing offence .
house wife...
(Querist) 24 May 2014
Ajay sir,
Can u plz explain dv is a continuing offence.....
T. Kalaiselvan, Advocate 
(Expert) 24 May 2014
Domestic violence is a continuing offence because despite his assurances to take you back he has not done so, thus there is no end for his offending acts which started during your stay i his house. Your lawyer will be able to explain you the proper meaning of certain technical terminologies, consult him also.
house wife...
(Querist) 25 May 2014
Sir i m consulting my lawyer also..
Thanks for ur valuable reply....
it helps me mently and will help me in future also.....
house wife...
(Querist) 11 June 2014
sir as i told earlier i filed pwdv 2005 on my husband ...many dates passed but he not filed reply yet.
my lawyer gave reply for his application.next date is on 1 july.
judge giving dates after every two or three days..
but my husband not giving reply.
recently he said to my lawyer that he is now ready to take his daughter back and ready to give 5 lakh rs..
before filing case he was not even ready to accept his daughter and even not ready to give any money and my certificates and gold ,things etc
now he is ready for daughter and giving offers of money.
not filing reply only passing time
my ques why he is ready now ?
or why he is afraid of filing reply..
plz suggest on the situation ...also tell what should i do
i dont want any money just want my reputation back...and my right after mrg in his house ......
house wife...
(Querist) 19 July 2014
i m continuing my ques
sir which application my husband put in front of judge to dismiss my dv case was dismmised. His application to dispose my case is dismissed ....judge again said him to reply and it his last opprrtunity... he gave referense of inder garewal case in which husband wife are divorced previous bt we r not divorced so judge dismiss his application
bt now today he send summons through court that his appeal is not listened to properly ... bt case copy is not atached police man said he filed appeal for the same in supream court ....he also not gave reply yet for my dv case....
what should i do next ..judge give us time till 31 july for appearance.........
