Siva (life) 30 November 2010
Hi, I was married in May 2005, Stayed together less than 1 month, past 5.5 years we are seperate and my child is with her. I have applied for divorce. Is there any way she can file any case against me, DV or Dowry or any other case. Please get me all the list.
I have heard dowry case can be applied in any day within 7 years from the date of marriage. Is this true.
And DV can be applied at any time.
Please mail back.
Kind thanks, Siva.
Dharmesh Manjeshwar (Advocate/Lawyer) 30 November 2010
The period of separation has been a boon to u in disguise .......... there is no stopping a woman from filing cases by pleading false accusations ......... but in ur case the delay in filing case/s against u would have to be explained by her ............. She can file for maintenance/permanent alimony, criminal case under DV Act/Dowry Act, criminal complaint under sec- 498A of IPC ..........
Avnish Kaur (Consultant) 01 December 2010
yes you are right anything can be applied on the weaker s*x (legally male) anytime , but u cannot be convicted in a criminal case with such a delay . at most there will be a mock trial or even quash. in case a policeman registers FIR he will risk his job justifying such an FIR. so u have already won 498a part.
498a has limitation period of 3 years.
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