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Suyog Raut   15 January 2016

Delay in filing WS

Hello all learned Members, two months have passed since my wife has filed DV on me...... on last date I filed application under sec 203 for Dismissal of complaint on limitation ground. However, I have not submitted WS yet.... are there any serious implications of not submitting WS ??? Till now only 3 dates have occured..!!!


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 6 Replies

Vijay Raj Mahajan (Advocate)     15 January 2016

 

The WS in DV matter is not as important as in other cases as the allegations made in the Complaint and relief sought by the wife therein has to be decided on the basis of evidence produced by both parties with regard to income/financial status of both parties. As far issue of protection order is concerned that too will be decided on the basis of the report of the protection officer and any medical report with regard to injuries inflicted on the wife by the respondent(s).

You can always file your reply even if the issue of maintainability of the complaint on the basis of limitation is pending. The limitation period can always be defended by the wife as the desertion and non-provision to her financial help till date exists that she can always state and claim anytime although the act of cruelty or domestic violence in physical may have incurred more than 1 year back but her insufficient financial condition and your non-provision to her financial needs can be happening anytime which is act economic violence for which time limitation will not be ground to get DV petition dismissed.

Suyog Raut   15 January 2016

@Renuka Chaudhury...... Shut Up..!!!!

Suyog Raut   15 January 2016

Ha ha ha Renuka.... u sound like a feminist..!!! and am sure u are one..!!!

Vijay Raj Mahajan (Advocate)     15 January 2016

 

Unfortunately this lady is not practicing advocate but some social worker who knows nothing of Indian law and procedures, she is here to just give her own information and misguide general public.

DV complaint is neither a cognizable offence like s 498A IPC nor private complaint like s 494,495 IPC wherein if the respondent doesn't appear any Non bailable warrant issued by the court nor any arrest is done and respondent jailed for none appearance in the court, the jail term is only in the Act in case there is a protection order passed by the court, that order is not followed by the respondent, namely for breach of protection order by the respondent Section 31.

As in your case till date no protection order passed by the court, no arrest can be ordered against you for non-filling of reply to her complaint. There is no time limit of 6 months to 1 year for filling WS or reply to her complaint as stated by this lady. The Protection of Women from the Domestic Violence Act, 2005 is silent about filing of WS or time limit of filling the reply to the complaint, check it yourself.

I'm an advocate in job in Indian courts for last 32 years and daily handlling such matters.

1 Like

Sidharth   15 January 2016

No problem! 

You can file WS at time you think best suited for you.  Courts usually impose nominal fine  like 200 rs or 300 Rs for delay if opposite party insist.

 

 

Sidharth   15 January 2016

To avoid any argument on delay of filling WS. You can send your WS through courier to opposite party before date of hearing.  And on Date of hearing you can file WS and courier receipt to court.

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