(Guest)

Applicability of Limitation Act in DV?

Respected seniors,

1. Can anyone explain how Limitation Act is applicabale in DV Act read with 498a / Dowry in an Application of DV by wife when wife leaft "shared household" in 2002 and in Aug. 2009 files DV while her own Divorce suit + S. 125 CrPC is pending till date ?

2. What does Limitation Act say about S. 24 HMA ?

3. What does Limitation Act say about S. 125 CrPC ?

Regards,

D. Arun Kumar, New Delhi

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1 Replies

Hardik Mehta (Family Counsellor) 30 November 2009

Arun Kumar,

The applicability of the Limitations Act may not apply for DV / dowry cases, but the period of limitation specified as per S 468 CrPC will apply in these cases to take the bar of cognizance. For 125 CrPC / HMA 24, I doubt if there is the limitation period.