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Rajesh (SE)     30 September 2013

Time period of filing domestic violence

hi

i am facing 498A from last 5.5 year .now today date can my wife file DV case against me



Learning

 13 Replies


(Guest)

Yup.....................................

Rajesh (SE)     30 September 2013

Then what is this"

After separation of a year, wife can’t file complaint under domestic violence act, says high court"

stanley (Freedom)     30 September 2013

She can file 


(Guest)
Originally posted by : Rajesh

Then what is this"

After separation of a year, wife can’t file complaint under domestic violence act, says high court"

Oh..Ok... Did not know this.


By the way which High Court said this???


Please elaborate.

Shantanu Wavhal (Worker)     30 September 2013

can be filed.

rajiv_lodha (zz)     30 September 2013

No rule of thumb:

Many DV case drafts cover incidents of recent past............may be false ones.

Otherwise too SC has not said it clearly in any case.

So DV case has 2 be fought on merits ; not merely on time limit as u think

Samir N (General Queries) (Business)     30 September 2013

Final word, though I am not an advocate:


Within one year of separation based upon ruling of Bombay High Court and a Supreme Court ruling. So, it does not matter where your case is. I had provided both earlier to someone on this very site.


That said, if you have a good advocate (a rarity, if not an impossibility), then this limitation can be argued easily and you will certainly prevail, at least on appeal. Merely having judgements in your favor is not sufficient to prevail. You need someone to argue them cogently.


If you get one of the advocates on LCI, and especially the ones commenting on Family matters, it will not matter which judgements you use. You will lose anyway! GOOD LUCK!!!

1 Like

Vivek (manager)     30 September 2013

Period of limitation Sec 406 applies. Please look into this...

Samir N (General Queries) (Business)     01 October 2013

@Need Justice. The Supreme Court judgment you want is:

Inderjit Singh Grewal vs State of Punjab & Anr. Cri. Appeal no. 1635/2011 

Look at the para referring to Section 468 of Cr.P.C and relying on other Supreme Court Judgments. This Judgement says one year within date of incident. So, when you are not in a shared household for one year, there can be no incident of DV.  Even if you have been separated for only six months, but the alleged DV incident took place more than a year back, you can use this judgment. So, it works in your favor all around. Read it carefully, submit a good written application to dismiss the petition and argue it yourself.  

Also, read some judgements of Justice Dingra from the Delhi High Court. I think that Justice Dingra hates the DV Act. Given many enlightening judgements favoring men.

GOOD LUCK! 

Shantanu Wavhal (Worker)     01 October 2013

read the judgement properly & understand.

Sarvesh Kumar Sharma Advocate (Advocacy)     01 October 2013

see the definition of domestic violence 'for the purposes of this act any act omission or commission or conduct of the respondent shall constitute domestic violence in.'

Sarvesh Kumar Sharma Advocate (Advocacy)     01 October 2013

it mean if the violence is continue then it is a crime in this section ! and if it is not going now can not be file!

LIYANA SHAJI   24 June 2020

Hello,

Domestic violence is a continuing offence, there is no time limit mentioned. Therefore, your wife can file  DV case against you.

 

 

Regards, 

Liyana Shaji


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