Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Domestic violance act,2005

Page no : 2

Zeeshan (Hidden)     22 October 2011

@ tajobs

Sir, will you please give us a little hint or performa of application ? I mean What to write in my application for dissmisal of complaint ? My first date is on 3/11/2011. 

I want to give it a try. Either excepted or rejected. I have not engaged any lawyer for DV till now.

Tajobsindia (Senior Partner )     22 October 2011

Originally posted by : Zeeshan
"
@ tajobs

Sir, will you please give us a little hint or performa of application ? I mean What to write in my application for dissmisal of complaint ? My first date is on 3/11/2011. 

I want to give it a try. Either excepted or rejected. I have not engaged any lawyer for DV till now.
"

I remember someone writing on my profile wall "I am a snobbish person' so beware of me in times of such need...: J

PS.: How I am supposed to respond to such wholesale generic writing on my wall :-)
 

 

1 Like

Zeeshan (Hidden)     22 October 2011

Originally posted by :Tajobsindia
"

I remember someone writing on my profile wall "I am a snobbish person' so beware of me in times of such need...: J

PS.: How I am supposed to respond to such wholesale generic writing on my wall :-)  

 
"

Firstly, It's not on "your" wall.

Secondly, We are not b*tching, that's why neighter I delete that nor send that secretely.

Thirdly, sorry to say, digest it.

Fourthly & finally, What is the use of all the Gyan If we or anybody did not know how to impliment it ? 

               Click following link, Every one is asking you to write to the point. And I told them to read all what you write carefully as it was very useful.

https://www.lawyersclubindia.com/forum/In-dv-act-exparty-order-what-next--45043.asp?1=1&offset=3

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     23 October 2011

Any other view on the limitation period please.

gaury..fight to win (Education)     23 October 2011

helpful

Adv. Chandrasekhar (Advocate)     23 October 2011

In DV Act, for getting the relief of interim maintenance /  maintenance for herself and children, residential orders, protection orders, custody of children, compensation etc. there is no limitation of one year as the acts perpetrated by the husband to give scope to the wife to claim all these reliefs are described in the Act as "acts of domestic violence" and are not described as "offences". Further, para 3 of the objects of the Act clearly indicates that this Act is intended to provide remedy under civil law.  So, DV Act is not criminal law but a civil law, even though it is tried in the court of magistrate.  so, the courts repeatedly held that this Act can be operative retrospectively, even though there is a cardinnal principle in criminal law, that every criminal law must be enforceable prospectively but not retrospectively.  So, there should be no doubts the DV Act is a civil law, even though it is tried by magistrate in the criminal court and some of the provisions of Cr.P.C. is applicable in respect of the proceedings under this Act.

Now Section 28 gives a very interesting reading.  In this Section, it is provided - "all proceedings under Section 12, 18, 19, 20,21, 22 and 23 and offences under Section 31 shall be ......." .  It means that violatin of protection order as described in Section 31 is an Offence, where as other acts of husband are merely acts of domestic violence and are not offences as far as this Act is concerned.  Section 468 of Cr.P.C., which talks of limitation in respect of Offences only, indicates that where punishment is for one year, the limitation of one year is applicable.  By analysis, it can be concluded that that there is no limitation as far as reliefs qua domestic violence acts perpetrated by husband are concerned.  But in these proceedings, either interim or final protection order is issued in favour of the wife and children and the same is violated, then the limitation of one year is applicable and she can move the court for punishment under Section 31 only within one year from the date of violation of protection order.  In respect of other reliefs, there is no limitation and a wife has liberty to approach the court to get redressal of her grievance. 

Zeeshan (Hidden)     24 October 2011

I also find this in the judgement which tajobs is talking about.

"Undoubtedly, for quashing a complaint, the court has to take its contents on its face value and in case the same discloses an offence, the court generally does not interfere with the same."

 

Hence I think , dissmisal of complaint on just this point that crpc applied hence DV not maintenable does not have much weight.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     24 October 2011

But in any case there must be some limitation period for any complaint/case in Dv CASES.

maxx (pvt service)     17 August 2014

 

@TAjobs; request you to please share the SC judgement regarding timeslines of DV

Tajobindia Sir,

1. What is the limitation period for filing case/complaint of Domestic Violance ?
Take: SC has last month laid Rules that a DV Applciation comes under CrPC limitation i.e. S. 468 CrPC and it cannot be filed after 1 year of limitation (means cause of action).

Can you please provide us more details of the source from where we could get this SC Rules which restricts filing of DV after one year of cause of action?

 

Thanks,

PC

 

will be very grateful to you if you can plse share this with me too.........thanks


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