tuty j 18 January 2020

is any time limit to file a domestic violence case after 10 yrs

after 10 years of separation from 2006
but not yet divorced
agreed by both parties
she raises domestic violence in 2017
stating domestic violence happened in 2001
after DVC divorce applied
2 girls of age 17 & 19 with mother

Reply Follow

2 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 18 January 2020

Dear sir,

Delay in filing domestic violence case is good ground to dismiss the matter.

Regards,

Anukriti 18 January 2020

Domestic Violence Act does not provide for any specific limitation period but provisions of Article 137 of the Domestic Violence Act will be applicable to the Act.

Any other application for which no period of limitation is provided elsewhere in this Division.

3 yrs

When the right to apply accrues.

However, if the nature of Domestic Violence is continuous in nature the limitation period will get altered accordingly with respect to the latest cause of action.