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

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3 Replies

Sanjay Narayandas (Advocate) 31 March 2021

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.