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Arjun   28 March 2016

DV act time limit query

Dear Lawyers n friends, My wife left me after 4months of marriage on her own will with pride. Now it's been 1.5 years. During this 1.5 years her uncle called me periodically n asked for divorce with ransom. I had agreed for divorce but I denied for money telling I haven't haven't taken a rupee from you, so I won't give anything. Now she sent lawyer's notice claiming I threw her out n did harassment. And her uncle called me to tell me to take her back. She claims to file extortion package (DV, crpc125, 498a, 304,506,24 etc). I didn't respond. My questions Q1: DV: there's judgement saying DV not maintainable after 1 year. Does it applies in my case as I'm not in contact with her since 1.5 year? Or her uncle's contact is considered to rule out 1 year ? Q2: Can she file multiple cases without any evidences ? TnR, Arjun


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 2 Replies

Adv Shrikiran.B (Advocate)     29 March 2016

Arjun,

Yes, the judgement 'Sejal Dharmesh Ved Vs.The State of Maharashtra & Ors. applies in your case. It does not matter if your wife's uncle contacted you or not, the court will see that you haven't been in contact with your wife for 1.5 years and hence DV case is not maintenable after 1 year of non cohabitation. 

Your wife can file multiple criminal cases without any evidence as filing FIR doesn't require evidences of the events happened. It is when the charge sheet is filed and case comes to trial, evidences are required. Then in the absence of evidences, the cases will get dismissed. Upon, acquittal, you can file defamation cases as well suit for damages against your wife.

Regards,

Adv. B.Srikiran

+919618069453

 

 

 

Arjun   29 March 2016

Thanks Adv. Srikiran for your valuable reply.

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