Limitation peroid for dv act after the seperation

Experts, 

my 4th Question is DV or 498 can be filed directly to court ? or it has to be filed in police station only ? Where is the point of origin?

 Is "from" always a "wife"

sir, i got married 10 yeras back, and i have 9 yrs daughter, And i have a illigal contact from last one and half year and i  got a son with her 3 months back, now she filed 498a,420 on me and my family memebers, so i need clarification on this case can you suggest me pls

Dear Experts , 

Probably, I dindt put my question clearely, Let me re write for better understanding,

1.  My Question is DV can be filed directly to court ? or it has to be filed in police station only ? where the complaint has to be launched? either in police station or in court ?

2.  After the physical seperation, What is the time line (Maximum period to launch or file a DV case Ex: Within 6 months or 1 year ), wife has to launch the case? Any guidlines? 

3. Is there is any judgment state that, wife cannot file DV case after some point of time, (Aprt from Indrajith Case) 

@Srinu,  Her section 498-A case will be dismissed.  But dismissal of charge of Section 420 depends upon the facts of the case.

@ Adv. Chandu 

My question: 

2.  After the physical seperation, What is the time line (Maximum period to launch or file a DV case Ex: Within 6 months or 1 year ), wife has to launch the case? Any guidlines? 

Your Answer: 

No time limit.  Neither 6 months nor one year.

Clarification required:

That means wife can file DV case after the phisical seperation from me, any point of time, I mean, after 2 years, 5 years, 15 years, 

Let us assume this scenario,

My vanished now, we dont have any contact, she stays with her parents, after 5 years suddenly she file a DV case agaist me is that maintanable ?

Yes. maintainable.  Refer to the reliefs available to the wife under DV Act.  The maintenance, medical expenses, compensation for physical, mental, economic abuse, residential rights, protection orders etc.  As long as matrimonial relationship subsists, she can file dv case for the above reliefs and there is no limitation.  Only in the case of violation of protection orders, residential rights etc., granted by the court,  she has to move the court within one year of such limitation. 

@ Adv. Chandu 

I am not clear about your answer. I dont have contact with my wife right, now, we were seperated > 1 year. Now she is threatening me that, she will file a DV case is that possible?

yes. possible.

She can file Domestic violence case  at any time and it is possible at any time but she would have to prove the allegations . Just relax and fight the case and be ready for a long battle in court . DV cases extend for 4-5 years based on the load the courts have . Than she would ask for maintance , residence . etc where the prime objective is nothing but to abstract money from you . In the meanwhile collect all the proofs like where she is working etc .

hi,

if you are looking at sec 32 (1) cognizance and proof ( Notwithstanding anything contained in the code of CRPC 1973 (2 of 1974), the offence under subsection (1) of section 31 shall be cognizable and nonbailable)

and also reading out the section 28 of the DV act the procedure to be followed is CRPC.

the standard procedure to be established during the trial is under the CRPC code.

but reference may also be made to the CRPC Sec 468(2)(b) as the limitation of 1 year exists for the offence punishable with imprisonment for a term not exceeding 1 year.

I believe there is absolutely a question of law involved with respect to this and also in respect to section 32 (2) of DV act as it violates the Principal of natural justice and also violates Art 14 and Art 21 that is the fundamental right.

what would be your say on this.