Krishna Kumar (Business) 07 April 2011

What is the time limit to file DV case

Hi Exports,

Could you pls let me know what is the time limit to file DV case.

Hope the wife can file any time. But I wish to know my wife left from my home one year back and not returning. As I have not done any mistake, she did not file any case on me (498a, DV, crpc etc).

But I am planning to start now court procedure to get divorce from her as I am not getting any response from her. I also feel If I file any case, she will file list of (false) cases on me.

So could you please let me know if she file DV or 498a case after one year of separation, does it stand in the court. As DV can be files for simple simple reason and all, I think it may give an advantage for her to file telling any simple statement and she got harrased from that (say I called her name, I used wrong word speaking with her brother etc)

Many Thanks. Krishna

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3 Replies

M.Sheik Mohammed Ali (advocate) 07 April 2011

you first make complaint against your wife and brother at police station, thereafter file RCR, this is your succeed the case, in case she is file any cases against you , you just put the document before the court, then you escape easily and win your case.

Krishna Kumar (Business) 07 April 2011

Hi Sheik sir,

Thanks for your reply.

Actually I dont want to get her back, because she did not shown any interest since one year of separation. So If I file RCR now it will go another two years. I may pass / fail in RCR.

Is it possible can I change to divorce after some months (say 2 months) once I filed RCR.

Many Thanks, Krishna

Syed Adbul Khader Jeelani (Advocate 9642388507) 10 April 2011

Krishna you can face the case directly first issue RCR Notice then file divorce Petition. Your RCR Notice ill be helpful in getting anticipatary bail in case she files 498A case