Query

IS DVC MAINTAINABLE AFTER 1 YEAR OF ALLEGED OFFENCE AS PER SC JUDGEMENT IN KRISHNA BHATTACHARGEE VS SARATHY CHAUDHRY IN 2015.HAS IT BEEN SET ASIDE THE EARLIER JUDGEMENT IN INDERJIT SINGH GREWAL VS STATE OF PUNJAB IN 2011.IS SEC 468 CRPC NOT APPLICABLE.PLZ ADVISE. ALL THE DISTINGUISHED MEMBERS INCLUDING NADEEM SIDDIQI SIR

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No time limitation condition as provided in Inderjit Singh Grewal case if there is continous offence of domestic violence as provided in Krishna Bhatacharjee case. The facts and merit of case has to be check to confirm if the offence of domestic violence continued even after 1 year of separation, that can be refusal to provide maintenance or place of residence for the wife.

Thanx Sir,

MY WIFE LEFT HOME ON 6/4/2015,FILED DVC ON 1/6/2016,498A,406,4,6 OF DP ACT ON 7/6/2016.SHE WAS NOT IN PHYSICAL RELATION SHIP WITH ME,APPROX,14 MONTHS WHEN SHE FILED .SHE FILED ALL THESE TO COUNTERBLAST MY CHILD CUSTODY PETITION WHICH WAS FILED ON 8/6/2015.THE DECREE OF RCR TO ME WAS GRANTED EX PARTE ON 7/1/2016.IT WAS EXECUTED ALSO.SHE CHALLENGED THE DECREE BUT SHE DIDNT GET STAY YET.MEANWHILE I  GAVE HER 1 REVOCABLE DIVORCE  WHICH BECAME IRREVOCABLE ON 7/1/2017.IS STRIDHAN APPLICABLE TO MUSLIM LAW,SHE HAS ONLY ALLEGATIONS ,NO EVIDENCE ,MOST INTRESTING IS THAT SHE FILED THESE TWO COMPLAINTS ALONG WITH 125 CRPC FOR SAME INCIDENT,HOW MANY TIMES I CAN BE PUNISHED FOR 1 SINGLE ALLEGED OFFENCE.ALL THE THREE COMPLAINTS ARE XEROX COPIES OF ONE ANOTHER.SHE IS IN PARENTAL HOME IN HYDERABAD,AND MATRIMONIAL HOME IS IN MAHARASHTRA.IN DVC THERE IS NO POLICE INQUIRY YET.ALLEGED WEAPON IS NOT SEIZED BY PROTECTION OFFICER AND THERE IS NO MEDICAL REPORT.PLZ ADVISE