Domestic voilence case making false theory

Sundram N (Querist) 26 March 2013 This query is : Resolved

Dear Senior and friends,

kindly advice that, wife side is making a plan to impose another case of domestic voilance after seperation more than one year. another case u/s 406 for taking back false calimed her things as she already taken all the things at the time of lefting my house in first time and second time after coming back in first time. her 498a is in pending under AB hearing of husbnad in back 10 months.

kindly suggest that she can file DVD and 406 case after seperation more than one year and what precaution to be taken.

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Nadeem Qureshi (Expert) 26 March 2013
Dear Querist
DV case will not be maintainable after One year but the time limit to file 406 case is three years.

Adv k . mahesh (Expert) 26 March 2013
yes she can file 406 case

Devajyoti Barman (Expert) 26 March 2013
Well both PWDV case and that u/s 406 crpc can be filed at any point of time provided the offences as provided for in the Act is committed.

Raj Kumar Makkad (Expert) 26 March 2013
There is no time limit to file the desired cases but definitely the benefit of doubt shall be available while the criminal case of 406.

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