Research by tajobsindia, at http://www.lawyersclubindia.com/forum/Domestic-violance-act-2005-45686.asp
The above judgement has two points.:-
1) Dv after divorce. 2) Dv filled after gap of more then 1 year.
Does DV is not aplicable after divorce ? Yes. Then why court make this a basis of dissmissing Dv ? Hence the main reason of dissmissing Dv in above case is late filing. Late is late. Either it is 1 year ot 10 year.
This is a new law. Try to put pressure on judge . Also court look after seriousness. It's court's wish to either except or run the trial.
According to pwdva:-
(1) Save as otherwise provided in this Act, all proceedings under sections 12,18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure(crpc), 1973 (2 of 1974).
(Means CRPC applied)
(2) Nothing in sub-section 1 shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section 2 of section 23.
According to CRPC, section 468 :-
468. Bar to taking cognizance after lapse of the period of limitation.
(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
(a) Six months, if the offence is punishable with fine only;
(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
1[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]