Upgrad LLM

dv case filing period after 498a


Dear All,

Please tell me that in how much period DV case to be filed after application of 498a?

Is there any judgement or rule.please suggest me.

 
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job

Tejas please go through the attached judgement you will get good reference out of it.
 



Attached File : 114492 234622 43 85555 218167 56 limitation period under dv act inderjit singh grewal.pdf downloaded 348 times

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good Judgement

 
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Dear Victim,

I am telling about Domectic Violence act...Will it be useful to me...

Because i read the same but I saw some divorce related issue in this judgement...

 
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job

Tejas most important thing you are looking for is the time period to file DV and this judgement answers your question.

 
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Advocate/ nadeemqureshi1@gmail.com

victim is righly post a good & important judgement.

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SSE

Dear Tejas,

 

You seems to be a bit confused with the judgement.

 

 

Well, DV can be filed at any time but Document of Judgement given by ***VICTIM*** shows maintanibility of DV after SEPERATION. Read it carefully, each and every line.

 

Its very recent judgement.

 

Show it to your learned experienced lawyer....


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Engineer

Yes thats the catch " DV can be filed at any time" but its maintanibility after SEPERATION is a key point to remember. I meant if its filed after an year of separation, it cannot be entertained. Correct me experts, if my interpretation is wrong.

Regards,

Rohit


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Research by tajobsindia, at http://www.lawyersclubindia.com/forum/Domestic-violance-act-2005-45686.asp

 

(summarized) 

 

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:-

28.Procedure

(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.]

 
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