Deekshit Kumar (private) 30 March 2021

Filing dv case after 27 years of divorce

Hi respected members,

Can a Divorced Wife (not married after divorce) file Domestic violence caes / Maintenance case against Husband after 27 years of delay.

Husband did not provide any maintenance till date even though the court order of maintenance and this was not challenged by the wife.

Ex-Parte divorce granted to husband in the year 1996.

In 2007, he met his first wife and children and wrote a Settlement Deed

In the year 2008, a First wife has sent a Legal notice was sent to the Husband

So, now in this year 2021, can wife file Domestic violence caes / Maintenance case against the husband.

Thanks in advance

Reply Follow

Quick Summary

This discussion explores whether a divorced wife can file a domestic violence or maintenance case against her ex-husband 27 years after their divorce. While the general time limit for filing a domestic violence case is one year from the last incident, the possibility of filing for maintenance might still exist. The specifics of the case, including any recent incidents or the original court orders, will be crucial in determining the outcome.

3 Replies

(Guest)

Hi,

1 year is the time limit for a person to file a complaint under the Domestic Violence Act. So, Domestic Violence Case won't be accepted, unless of course 1 year before some relevant incident happend which qualifies as Domestic Violence. If that is there, then you can file.

If there are any further queries or if there are some facts which happend one year before and you don't know if it qualifies as domestic violence or not, then feel free to ask me.