Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ragz hyder (PM)     07 October 2012

498a and 1 year

I have read somewhere in this forum that if the "wife" is living separately from in-laws house and husband for more than a year she cannot file a 498 case post a year. Is that correct? Either by law or some rulings?



Learning

 4 Replies

Tajobsindia (Senior Partner )     07 October 2012

 

 

Originally posted by : ragz hyder

 


XXX if the "wife"
is living separately from in-laws house and husband for more than a year she cannot file a 498 case post a year XXX

 

1. NO, it is not correct to say so in underlined reference to context.
2. Person who says so does not know Law of the land.

1 Like

ragz hyder (PM)     07 October 2012

Thank you Tajobs.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 October 2012

Dear Querist

if the wife is living sepratly  since 1 year, she can not file a complaint under Domestic Violence Act.

498 A has 3 years Limitation.

 

68. Bar to taking cognizance after lapse of the period of limitation.

 

(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

 

(2) The period of limitation shall be-

 

(a) Six months, if the offence is punishable with fine only;

 

(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;

 

(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

 

1[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]

Puneet Bhardwaj (Customer Care Services)     11 October 2012

Sir,

my wife deserted me in Feb2011 and filed domestic violence case in July2012   my next hearing  in Domestiv violence is in this week .  That means my case is strong as it is more than one year passed we are stayinjg separately


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register