cpc

are dv and 498a possible after one year?


Dear experts,

My wife is living with her parents for more than 15 months now. I have already filed reply to her divorce petition and provided proof to the court. My lawyer says that after one year my wife cannot file DV case or 498A case as it will be considered as afterthought after reading my reply. I have heard that DV case should be filed within one year from separation but I have no idea about 498A. I have enough proof to defend myself but just wanted to be prepared in advance. 

 

 
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Kaatu Poochi&Co

They can file but you can break it easy.

 
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Dy Director

not a very big delay.                     

 
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IT professional Studying Law

They can file DV and 498 at their death bed too..nothing stopping them to.The point to be noted is the maintainability and tenability

Normally 498 maintainability is 7 years,but people file it later as well .

DV can be filed at any time but cohabition is a criterion,if she was not staying with you for more than 1 year and filed it therafter her case would not carry much weight and will be construed as filed with malafide intentions.

A DV lady will not wait for 15 months to file it.

 
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maintenance divorce remarriage = yourscrew@gmail.com

DV case can not be filed now it is delayed. But some enterprising advocates get it admitted so easy to get it dismissed due to delay..

 
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instructor

She can file 498a and dv case at any time but the dv case will not maintainable in the court because the limitation to file dv case is one year ,
 
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Advocate

Dear All,

 

Read Chapter XXXVI of the Criminal Procedure Court which talks about Limitation period for certain offences and as all you know that the punishment prescribed under section 498 A is three years then as per section 468 of the CrPC the Limitation is of three years from the date of offence as alleged and no court should take cognizance after the expiry of such period.

 

Hope this would solve the query of the Querist.

 

Best Regards,

 

Jayendra Sevada

 
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Advocate

She can very well file DV case  and lodge her false 498A complaint with the police within the period mentioned by you, it is her wish, you cannot prevent her from doing so instead you can challenge the same in the court because it may not sustain the trial.

 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

she can file only 498a but not DV as per bombay high court rulings.

Good luck.

Regards

adv.kamal.grover@gmail.com

 
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Legal Evangelist - TRIPAKSHA

DV and 498a can be filed, there is no bar on filing.

 

However, she would have to explain the delay in filing these cases. In DV, you can take a plea that it is time barred, but in 498a it is not timebarred as S 468 of CrPC envisages the time limit of 3 years for the same.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 
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