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Dhiraj Bar   08 October 2017

After 498A,is it possible to file DV

498A filed 1yr back. Maintenance has beed started. Now wife threatened me to file DV. We are staying separate from last 1yr after 498a filed.


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 9 Replies

manoj   08 October 2017

cognizance cannot be taken after one year. even she file Domestic Violence case, that case will be effected by law of Limitation.

call me for any clarification at cell no 8686159292

Siddharth Srivastava (Advocate)     08 October 2017

No. Barred by limitation.

P. Venu (Advocate)     08 October 2017

You have not posted the complete facts.

Sachin (N.A)     08 October 2017

Originally posted by : Dhiraj Bar
498A filed 1yr back. Maintenance has beed started. Now wife threatened me to file DV. We are staying separate from last 1yr after 498a filed.

When you are already paying the maintenance, why r u tensed about dv. DV is nothing more than waste of time

1 Like

Dhiraj Bar   08 October 2017

I am worry about DV due to instant arrest.

Sachin (N.A)     08 October 2017

Originally posted by : Dhiraj Bar
I am worry about DV due to instant arrest.

 

DV is complaint case, it has no provision of arrest unless you breach protection order. 

1 Like

Dhiraj Bar   08 October 2017

My parents staying separately from last 10yrs . Is there any chance of include their names in DV if she wants ?

Pawan S (06292021602) (Advocate)     10 October 2017

No one can stop her in filing the suit against anyone even if these suits seem to be futile.

You will get chance to oppose/cross her allegations during the trial. 

As the proof of burden lies on the prosecution, which means she need to prove her allegations.

Remain calm and nothing to worry. 

 

 

 

1 Like

Dhiraj Bar   10 October 2017

Thanks to all.

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