Filing in D.V after 3 years of seperation

Querist : Anonymous (Querist) 06 June 2010 This query is : Resolved
my estranged wife and I are not living together for more than 3 years... now recently I have recieved a notice from the Protection officer of Domestic Violence(DV) saying that my wife has filed DV against me.

1) can my wife file DV case after 3 years of seperation?
2) is there any time limitation in filing this DV case?

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Arvind Singh Chauhan (Expert) 06 June 2010
Once It came to my knowledge that if there is no domestic relation no case under DV Act is maintainable, but I am unable to recall. Let us wait for other opinions.

Raj Kumar Makkad (Expert) 06 June 2010
In a recently decided case, Hon'ble Apex court has held that criminal courts can also entertain the application moved under DV Act containing the incidents prior to enactment so such past incidents/period prior to 3 years can also be entertained and thus petition/application shall not be got dismissed on this score.

G. ARAVINTHAN (Expert) 06 June 2010
When there is separation, no cause of action arise. Complaint is maintainable, but since no cause of action, you can succeed.

ARVIND JAIN (Expert) 12 June 2010
SHE CAN FILE THE APPLICATION ANY TIME. COURTS HAVE RULED THAT THE D.V.ACT IS RETROSPECTIVE. SEE IF SHE HAS FILED THE APPLICATION & AFFIDAVIT IN PRESCRIBED FORM NO II & III. IF NOT FILE AN APPLICATION THAT THE SAME IS NOT MAINTAINABLE BECAUSE NOT FILED AS PER RULE6.

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