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Suryaa.saravanan (other)     17 December 2012

Domestic violence act

wife seprated 21.07.2010 and she filed dv case in 16.09.2011 what is the limitation period. can she file after one year.



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 9 Replies

Shantanu Wavhal (Worker)     17 December 2012

there is no limitation period for filing DV

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     17 December 2012

yes, she can file.

HK_Jain... (498a Fighter)     17 December 2012

 

Read this

https://www.lawyersclubindia.com/news/Domestic-abuse-case-can-be-filed-any-time-Delhi-HC-10739.asp#.UM8O9G_qnis

Shantanu Wavhal (Worker)     17 December 2012

additional sessions judge held that Savita’s claim was maintainable since she had left the matrimonial home on July 4, 2005, and the Act had come into force on October 26, 2006.

 

this means a woman can avail DV act even if the incident had occurred before the enactment of DV act.

rajiv_lodha (zz)     17 December 2012

Ppl are trying to fight DV limitation period as 1yr based on Indejit S Grewal SC judgment, but no success story read till date!

Shantanu Wavhal (Worker)     17 December 2012

rajiv, 

facts of the judgement are different and unique to that particular case.


finding of SC in that judgement is not General

Rahul Kapoor (Legal Enthusiast)     17 December 2012

hello,

if they have filed case then fight it on merits and prove that there is hardly any domestic relationship during that time period.

koraganjikumar (other)     17 December 2012

yes she can apply divorce  but law says that both the couple should be separated atleast for one year before applying for divorce.


she can claim maintenace according to sec125 also

HK_Jain... (498a Fighter)     17 December 2012

Originally posted by : kumar

yes she can apply divorce  but law says that both the couple should be separated atleast for one year before applying for divorce.


she can claim maintenace according to sec125 also

he he he..

Its nots DIVORCE dear..its domestic violence(PWDVA)


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