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educare (as)     25 January 2014

Dv after 0ne year

Dear Sir/Madam

I am govt employee got married 3 years back, My wife left my house(govt quarter) 2.5 years back since then i am staying alone,

She filed 125 after 1 year of separation and getting Rs 5000/month as intrim maintenance.

I had filed RCR, to which last month i got Ex parte decree.

But yesterday i received a summon in my and my parents name for DV. which she filed after 2.5 years of separation.

As she stayed only 1 month with my parents and 6 months with me and filed DV after 2.5 years of separation. I have decree of RCR with me and i am paying intrim maintenace of 5000/month to her.

What options do i have to tackle DV. I belong to MP


Please guide me


 9 Replies


Hi, your interim maintenance u/s 125 would immediately be stopped, since you have RCR decree in your hand. In such case, there is no need to pay maintenance. Please contact a good lawyer in this regard first.

As far as DV case is concerned, she can file at any point of time even after 10 years too. Nothing to worry about this. Please be cool and relax, since you have RCR in your hand.

Submit your appropriate reply under DV case through a good lawyer and tell him to produce RCR Decree as Exhibit at the time of finalizing the Interim maintenance under DV Act.

You have to wait till 1 year after awarding the RCR Decree for filing Divorce Case on the basis of desertion.


Please contact a good lawyer.

Ranee....... (NA)     25 January 2014

Dont worry.Fight the case on merit with the help of a seasoned lawyer.

T. Kalaiselvan, Advocate (Advocate)     26 January 2014

As somebody suggested you have good case to give a strong fight back, immediately file a petition seeking dismissal of her petition for maintenance on the grounds of RCR judgment.

educare (as)     26 January 2014

Thankyou sir for all your guidance. I have heard that DV is not maintainable if filled after one year of desertion. In my case it has been filed after 2.5 years can i go for quashing of DV on this ground


@educare....No No it is not like that. DV can be filed at any point of time. Let her prove the voilence, if it is done. Quashing will be waste of time and money, as per my view. Though, legal expert may guide you correctly on Quashing.

Manoj Kumar Jain (abc)     26 January 2014

File Reply under DVACT and pray for reject application.

1 Like

T. Kalaiselvan, Advocate (Advocate)     26 January 2014

If the circumstance are in your favor, contest the same on merits and get out of it in a proper way instead of wasting time, energy and money over quash application.

Vivek (manager)     27 January 2014


Period of limitations applies to you. Your wife cant file DV after 1 year of separation. Judgments are there in this favor. Plz search this forum and other, where it is clearly mentioned that, DV/498A cannot be filed after 1 year of separation.


I do not remember exactly the section pertaining to period of limition. But I have seen other advocates answering in this forum for similar queries where, they mention that "1 year of limitation for offenses to which up to 3 years of jail can happen and 3 years limitations for offenses with jail term of 5 years"


Please go through the some 1 year before threads in this forum and other. You will get full clarity.

isha bhardwaj (intern)     27 January 2014

dear, woman cannot try another woman under the provisions of Protection of Women From Domestic Violence Act, 2005 as per the Karnataka High Court.
Clearing this confusion, the division Bench comprising Justice K L Manjunath and Justice B S Patil said a complaint under this act against her mother-in-law or sister-in-law or women relatives can be registered, but the police can initiate action against them (respondents) only under Section 498A of the IPC or any other suitable enactments of law.
The Bench gave this clarification while dealing with the petition filed by one Leelavati.
In respect of residential rights, custody rights or protection, women can file complaints against only male members under the Domestic Violence Act but not against female members like mother-in-law or sisters-in-law or any others, the division Bench clarified with regard to ambiguity of the meaning of the word relative, in the provision in section 2(q) of the Act.
Leelavati, a resident of Okalipuram, had filed complaints against her husband Bhaskar, father-in-law Murugeshan, mother-in-law Nalini and sister-in-law Kavitha under this Act, before the magistrate court. This was challenged by her husband and others. The fast track court had ordered that except Bhaskar’s, other names should be dropped from the complaint.
Leelavati challenged this decision before the high court. The single bench, while concurring with the fast track court, referred this matter to the division bench for clarification.
Further, DV case cannot be filed after 1 year of separation. it would be barred by limitation . it ought to have been filed within one year of the incident

In view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.

Isha Bhardwaj


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