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AS   14 October 2014

Time limit to file dv

I am undergoing a trail of 498a and 125 since last 15 months .

we are separated from almost 19 months as per records in 498A .

 

Now if she can file DV or is there any time line to file DV?



 13 Replies

LoneFighter (IT)     15 October 2014

I guess not. she can file a case, but reasons has to be given for time lag. 

AS   17 October 2014

thanks LoneFighter

 

Anyone else can advise please?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 October 2014

DV is not maintainable after one year of separation. Please see the following judgement.

 

https:// https://mensrightactivist.files.wordpress.com/2013/12/a1-one-year-seperation1.pdf

 

 

https://www.lawyersclubindia.com/forum/Recent-Judgement-on-DV-case-cannot-be-filed-after-one-year-separation-103875.asp#.VECq7kBHCF4

 

 

Also I request you if you did not apply for Speedy Trial then do it on priority to force opponent to face the trial. Else the case will be dragged life-long.

 

Please read each of my posts carefully in the following links.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 October 2014

The high courts of Mumbai, Rajasthan and MP has upheld the time limit of ONE YEAR in filing Domestic Violence citing Inderjit Singh Grewal judgment of the Apex Court. However, atleast in one judgment the High Court of Hyderabad has interpreted the said judgment of Apex Court differently.

 

So it depends in which city/ court your case is in.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com

AS   18 October 2014

Shonee Kapoor my case is in Haryana ? what is final words now ? please advise

AS   20 October 2014

Anyone can advise? DV can be filled in Haryana after seperation of 18 months or more or not ?


(Guest)

My case is in AP . and it is over 16 months so far FIR registered , can they still file DV ? or 125 crpc ?


(Guest)

My case is in AP . and it is over 16 months so far FIR registered , can they still file DV ? or 125 crpc ?

amit8 (abcdef)     20 October 2014

My dv case has already been filed and judgement has come to give her maintenance. the case was filed after 14 months of separation , I had mentioned this point in our reply and argument .but the judge did not consider this point . now can this point be considered in higher court ? my case is in Gujarat .

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     21 October 2014

Yes please appeal with the citation mentioned above in HC with Article 227 in Criminal Appellate Jurisdiction

 

Article 227 sample petition is their in my links. You should modify as per your case story and grounds.

Pappu (Victim)     24 October 2014

Actually you can and should use judgments like Roshan Dalvi to object to suhc inordiante delays.. However, please note that DV act allows the judge to frame their own procedures as per the case. So don't be surprised if your plea is rejected. 

Kaatu Poochi (Kaatu Poochi&Co)     18 November 2014

tejeshwar.d.c (no)     24 November 2014

ya sure Mr. amit 8  get this knowledge towards ur advocate its a good ground aganist  D.V  for men 


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