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(Guest)

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. 

 



 25 Replies

Kaatu Poochi (Kaatu Poochi&Co)     31 May 2014

They can file but you can break it easy.

Sudhir Kumar (Retd Govt Officer)     31 May 2014

not a very big delay.                     

Gautam Kapoor (IT professional Studying Law)     31 May 2014

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.

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     31 May 2014

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..

laxmi kant joshi (instructor)     31 May 2014

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 ,

Jayendra Sevada (Advocate)     31 May 2014

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

T. Kalaiselvan, Advocate (Advocate)     01 June 2014

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.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     02 June 2014

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

Good luck.

Regards

adv.kamal.grover@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 June 2014

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.

FightForCause (Businessman)     02 June 2014

Shonee Ji...good to see you back on forum :)

In DV when we plea its time barred ..u want people to refer Bombay High Court citation of Mrs Dalvi or there is some law section which we have to refer.

Kindly enlighten.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

There is a judgement by Rajasthan High Court and Inderjit Singh Grewal judgment by Supreme Court.

 

Regards,

 
Shonee Kapoor

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

ktkaran (maanger)     03 June 2014

well explained by Shoneeji ,DV can be filed but if she has not explained the delay in filing same it has to be dismissed but you will hv to appear once atleast in cout as courts do not dismiss case easily

FightForCause (Businessman)     03 June 2014

Can someone share details of Rajasthan High court Judgment.

Not able to find it.


(Guest)

Found an answer online. My lawyer told me that he saw a notice written in mumbai family court that DV should be filed within one year of separation.

 

https://www.hindustantimes.com/india-news/mumbai/after-separation-of-a-year-wife-can-t-file-complaint-under-domestic-violence-act-says-high-court/article1-1026664.aspx

 


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