Domestic violence

yes,the domestice violence case should be file within 1 year from the day of incident.You can aslo claim various things in domestic violnce case like protection,residence,monitery relief,compensation,child custody etc

Perhaps the below noted case may be of help:

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Reserve: July 27, 2010
Date of Order: 13th August, 2010

Crl.M.C.No. 3290/2009 & Crl.M.A.No. 11179/2009 % 13.08.2010

Smt. Raj Kapur & Anr. .. Petitioners Through:Mr. Gaurav Puri, Mr. R.K.Mishra & Ms. Gayatri Puri, Advocates
Versus
State & Anr. … Respondents Through:Mr. O.P.Saxena, APP for the State Ms. Deepika V. Marwaha, Advocate for R-2

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?

JUDGMENT

The present petition has been filed by the petitioners, who are father-in-law and mother-in-law, for quashing a complaint under Section 12 of Protection of Women from Domestic Violence Act, 2005 qua them, made by respondent No.2. It is stated by the petitioners that respondent no.2 was married about 27 years ago. She was employed and was earning Rs. 40,000/- pm and was owner of a new car and was working in a store viz. M/s. Atmosphere. She had leveled various allegations against her husband and the only allegations against the petitioners were that the jewellery gifted to her by her family was in custody of petitioners. It is stated that the jewellery was gifted to her 27 years ago and was in her exclusive possession, she herself owned a locker in New Friends Colony being locker No. NFC D-1097 NFCGF), where she had kept her valuable items. She had a daughter who is 25 years old, unmarried and living with her in the same house. She was not having harmonial relations with her husband and was living separate from her husband for the last 10 years in the same house at first floor. She was not having any conjugal relations with her husband. There was no domestic relationship or shared household between petitioners and respondent no.2. Petitioner No.1 was heart patient and petitioner no.2 was suffering from eye sight problem and they had been unnecessary made parties to the application under Domestic Violence Act and therefore application qua them should be quashed.

2. I consider that it would not be proper for this Court to enter into an inquiry in respect of the application at this stage. It is the duty of Metropolitan Magistrate, where the application has been made, to ensure whether a domestic relationship existed between the applicant and the petitioners in view of judgment of this Court in Criminal M.C.No. 3878/2009 titled as Vijay Verma v. State NCT of Delhi & Anr. decided today i.e on 13th August, 2010.

3. I, therefore consider that the learned MM where the application is pending shall consider all facts and decide the existence of domestic relationship between the parties and the orders under the Act should be passed only after considering whether any domestic relationship existed between the petitioner and the respondent. With these directions the petition is disposed of. It is also directed that unless the petitioners’ personal appearance was very essential, the petitioners shall not be asked to appear in person and they shall be allowed to be represented before the Court by an Advocate.

August,13,2010
SHIV NARAYAN DHINGRA, J. vn

dear there is no specific period mention for domestic voilence and cruelity to file case on these grounds.there are many few points i want to know about this case before giving you ant advice.

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@dimpleji,

There is no time limit prescribed in DV Act.  Similarly S.498-A is treated a continuous offence, there also limitation does not play any part. 

The judgment quoted by Mr. Assumi does not talk about time limit in DV case.

In the case of domestic violence  - there are different judgments  answering on retrospective and prospective effects of the Act.  Some judgments say, as the reliefs provided in the Act are civil in nature, the Act has got retrospective effect and if the cause of action arose earlier to the passing of enactment, even then the provisions of the Act can be invoked.  Some judgments say that only in respect of those cause of actions arose after the date of passing of the Act, the Act can be invoked.  In the case of protection order and violation of residential order, the Act provides punitive measure of one year imprisonment.  As per the ratio of one of the Supreme Court judgments, in respect of violation of protection order or residential order, the limitation of one year period is applicable as per the provisions of Cr.P.C.

As I talked in purely legal terms, which may confuse you, I give my categorical reply that in your case, you might be asking for maintenance, recovery of stridhan, shared household and medical expenses, as such, there is no limitation and you can file the case without hesitation.

regards