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MrDinoMorea (O)     07 August 2013

Validity period of filing a domestic violence case

If a Domestic violence case is filed after 1 year of separation, will it have any validity or maintainability?
Can the husband challenge its maintainability in court?


 15 Replies

Rashid Ali (own practice as a criminal lawyer)     08 August 2013

no you cant 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 August 2013

As per Bhanot's judgment, DV has retrospective effect.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

NGOKC (pm)     09 August 2013

@shonee is n't as per current law in no crminal case victim can file a complaint after a period of maximum punishment which is three years in case of DV

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 August 2013

:-) No. It is not so, if the delay is properly explained cases can be filed even after that.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

498a_dv_Crpc125_hma24_victim (unemployed)     09 August 2013

Check the recent Mumbai High Court Judgment od Roshan Dhalve jugdment

498A__misused (Sec)     09 August 2013

so what is final answer ..can DV be filled after 1 year of seperation ...and can DV be filled with in 3 year of seperation?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     10 August 2013

no the DV can not file after one year. read sc indrjeet sahni case

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 August 2013

I still disagree. Read Bhanot and Inderjit Singh Sahani judgments, you would know.

 

Regards,
 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
 
1 Like

Reformist !!! (Other)     19 August 2013

so much confusion

498A__misused (Sec)     29 September 2013

Experts - Please resolve this query and advise ?

ashoksrivastava (scientist)     29 September 2013

This matter has been discussed in detail in the following thread https://www.lawyersclubindia.com/forum/Time-frame-to-file-dv-case-after-physical-separation-81330.asp

regards ASHOK

Suresh AV (NA)     07 August 2015

Coming up bit late here -and people are still confused (Need expert advice)

SC judgement (Bhanot 2012) came after couple of months SC gave it's verdict on DV limitation on Inderjit Singh Grewal

SC Judgement : V.D.Bhanot vs Savita Bhanot on 7 February, 2012 (https://indiankanoon.org/doc/23917789/)

------------------------------------------------------------------------------------------

  • In Bhanot case; Couple lived together till 4th July 2005 and In Nov 2016 Savita filed DV (after 1.4 years) - Here SC allowed and entertained savita's complaint. 
  • This is direct contradiction of SC Judgement of 2011 - in which it mentions that DV Complaint could be filed only within a period of one year from the date of incident-Under Rule 15(6) of PWDVA Rules, where it specifically mentions time limit 

Which judgement stands valid ? Assuming recent Judgement overrides older SC judgement then SC must have mentioned it specifically. Isn't it ?

Suresh

s kumar (not)     08 August 2015

Please provide links for all the orders please, it will be esy to proof


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