Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Time frame to file dv case after physical separation

Page no : 2

Manoj Kumar Jain (abc)     26 May 2013

As per Rule of of 6(5) of the DV Act, procedure adopted in DV Act Must be as per the 125 of Crpc. No time frame in 125 of crpc, so no time limit to file application of DV Act. 1 year time limit is only applicable in sec 31 of the DV Act.

ashoksrivastava (scientist)     26 May 2013

Disagree with@manojkumarjain Time limitation and procedure are quite distinct. regards ASHOK

(Guest)

Whatever might be the case, the author seems unavailable.


But for things to be proved it will take a lot of time.  DV occured or not occured, to come out clean its not that easy.

1 Like

fighting back (exec)     27 May 2013

@ashok srivastava,,,,helping hand, manoj kumar jain and others.....would like to thank you all for your  valuable inputs, i was way at my native place and not had access to internet, hence couldnt be online. would like to thank you all again.

after summing up all the responses i got, what i conclude is that the DV will go on irrespective of the time frame, and it all finally depends on the judge.....i am keeping my fingers crossed...:)

ashoksrivastava (scientist)     28 May 2013

@nopain no gain I suggest you should not give up so easily. you should raise the plea of crpc468 under section28(1)of dv act praying that this case is barred by time limitation. You may cite Grewal's judgement as well as RajasthanHC's judgement. after all

NOPAIN NO GAIN.

regards and good luck

ASHOK

2 Like

maxx (pvt service)     17 August 2014

@TAjjobs.

sir, you have given your opinion, which is as follows:

If she has to file DV Complaint case she has to use your State’s jurisdiction. Why? Suppose she succeeds in right –to- residence ask MP Court will local Court send local Police to different State to secure such Protection orders which is never heard of atleast in a DV case?.

however, cant the magistrate send orders to local police in maharashtra for protection orders. the magistrates orders is binding, irrespective or state boundries.  that is what my lawyers tell me. 

Priya Yarlagadda (Student)     13 October 2017

DVC doesnot have limitation, don't waste your time on limitation focus on maintenance and other petitions, collect as many evdience as you can


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