Kaatu Poochi (Kaatu Poochi&Co) 01 July 2014

Dv case is not maintainable after 1 year of no cohabitation

DV case is not maintainable after 1 year of no cohabitation

What does IT means?

Wife asked maintenance under DV U/S Section 19,20,21,22. Now the case is running 1 and half year.

Is her claiming period is completed or continue?

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12 Replies

Prakash S Thakkar (B.S.L LL.B) 01 July 2014

Bombay high court, judge dalvi had passed a remarkable judgement, check it nd thts landmark ruling..

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Prakash S Thakkar (B.S.L LL.B) 01 July 2014

Bombay high court, judge dalvi had passed a remarkable judgement, check it nd thts landmark ruling..

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Prakash S Thakkar (B.S.L LL.B) 01 July 2014

Also u can refer sec 468 of cr.p.c for limitation.

Laxmi Kant Joshi (Advocate ) 01 July 2014

Kaatu it means one should file her dv case within a period of one year from the domestic violence happened to her , it doesn't mean after that she can not file it , she may file it but the effectness of the case reduces its impact .

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sujit kumar (none) 01 July 2014

Dear all,

complaint against me by my out-laws and 498a girl is running in CAW cell. Will this judgement of Hon'ble Dalvi Sir will have any impact on it. No FIR has been registered yet.

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Kaatu Poochi (Kaatu Poochi&Co) 01 July 2014

Thank you very much Hon'ble laxmi kant joshi Sir

sujit kumar (none) 01 July 2014

Dear all,

complaint against me by my out-laws and 498a girl is running in CAW cell. Will this judgement of Hon'ble Dalvi Sir will have any impact on it. No FIR has been registered yet.

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Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 01 July 2014

NO this judgment has no value before CAW cell because CAW cell is only a platform to settle the matter amicably, it will be better to settle the matter with them amicable if possible, if not then file your reply before CAW cell and wait till further proceedings

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rising up again (FFF) 03 July 2014

DEAR learned members...

Can this rule also be applied when both husband ans wife are living under the same roof but in separate room since 6 years ??? they do not talk to each other and no physical contact too. they dont event see each others faces for days. the wife has said this and confirmed under video cameras. Can these video + audio footage be used to show that there is no cohabition for more than 1 year (infact 7 years) and try to get the DV case ruled out ????????????

plz guide...and advice...........

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Kaatu Poochi (Kaatu Poochi&Co) 03 July 2014

“A wife who lived in a domestic relationship earlier, but which ceases only because of any domestic violence can certainly file an application for such domestic violence that took place whilst she lived in that relationship. Such application is required to be filed within a reasonable time to show that relationship would give her the cause of action to sue under the D.V. Act for the reliefs under the Act. It cannot be filed after 1 year.”

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 160 OF 2011

Sejal Dharmesh Ved .. Applicant

Vs.

The State of Maharashtra & Ors. .. Respondents

Mr. Amit S. Dhutia i/b Niranjan Mundargi for the Applicant.

Mrs. A. A. Mane, APP for Respondent No.1State.

CORAM : MRS. ROSHAN DALVI, J.

DATE : 7th MARCH, 2013.

P.C.

1. The applicantwife has challenged the order of the Court of Sessions at Greater Bombay dated 27.10.2010 holding that her application under the Prevention of Women from Domestic Violence Act, 2005 (D.V Act) is not maintainable because she was not in any domestic relationship.

2. The applicant married on 04.05.1999. She lived with her husband in the US. There are two issues from the marriage. She returned to India on 11.02.2009.

3. She filed her application under the D.V Act on 18.01.2010.

4. The learned Judge has considered that under these circumstances, she having come to India in February, 2009 and having filed this application in January, 2010, there was no domestic relationship between the parties. The learned Judge has considered the definition of domestic relationship. Of course, that relationship is defined to be one of which the party then lived and had earlier lived. That would be during the subsistence of the union between them. The application under the D. V. Act could be filed, when the marriage union subsisted. That having came to an an end and long after the physical relationship came to be an end, she having returned to India, she cannot be taken to be living in any domestic relationship in India.

5. A wife who lived in a domestic relationship earlier, but which ceases only because of any domestic violence can certainly file an application for such domestic violence that took place whilst she lived in that relationship. Such application is required to be filed within a reasonable time to show that relationship would give her the cause of action to sue under the D.V. Act for the reliefs under the Act.

6. A wife who has returned from the USA and consequently from the domestic relationship and lived in India for one year cannot file an application with regard to that relationship after such time. Such wife cannot be taken to be in any domestic relationship. The order of the learned Judge is, therefore, correct. The writ petition is completely devoid of merits and accordingly dismissed.

(ROSHAN DALVI, J.)

T. Kalaiselvan, Advocate (Advocate) 03 July 2014

@ Kaatu poochi: The DV case after one year of separation/non cohabitation is noneffective though the court may accept her application and it can be proved before the court during trial that it is certainly an afterthought case to avenge the husband and his parents and relatives over the trivial issues that prevailed when she was in her matrimonial house. I think she is actually abusing the law by misusing the provisions of law in her favor, which if challenged properly, can be defeated. Be in close touch with your advocate regarding the developments of the case.

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T. Kalaiselvan, Advocate (Advocate) 03 July 2014

@ Rising up again: you could have posted your query in a separate thread, please do it next time, to your question: The burden to prove the allegations no doubt lies on the petitioner under such circumstances but being living under the same roof, it will be difficult for the respondent to prove that there were no contacts between them over years and also to disprove her claims. In your case, the cruelties on her side against you should be substantially established and challenge her allegations properly.

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