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fighting back (exec)     12 April 2013

What is the time period to file a dv or 498

hi friends,


Just wanted to know, if a couple is living seperately until the present, what is the time frame within which DV can be filed, for residence, protection, maintainence, etc, as there is no domestic relation involved as both are living apart, also what is the time frame after which a 498 case cannot be filed, or filed after wife herself files RCR and 125, and husband files divorce, in this scenario, does a 498 case become weak or inapplicable?

thanks everybody..........


 15 Replies


I told you yesterday.

3 years time limit.

After 3 years cant file such foolish cases.

1 Like

Manoj Kumar Jain (abc)     12 April 2013

3 years for 498A as per Crpc.

1 Like

Adv k . mahesh (advocate)     12 April 2013



go for this site and read and also search for the judgement in indian kanoon 

1 Like

fighting back (exec)     12 April 2013

@helping hand....yes after i discussed with you,  a lawyer, who practices in family court, who also happens to be my friend met me yesterday evening, i discussed with him at length the above scenario, he told me that there is no time limit for 498 and dv cases, they can be filed anytime, hence i got very confused, and raised this query in this forum.   

Rajib Banerji (Self Employed)     12 April 2013

If the husband suspects that the wife might try to file a false case against him u/s498A of IPC,he should immediately go to the local police station and file a complaint that his wife has threatened him that she is going to file a false 498A case against him and ask for police protection.This way even if the wife files 498A against the husband the matters become a lot easier for him.

Originally posted by : no pain no gain....

@helping hand....yes after i discussed with you,  a lawyer, who practices in family court, who also happens to be my friend met me yesterday evening, i discussed with him at length the above scenario, he told me that there is no time limit for 498 and dv cases, they can be filed anytime, hence i got very confused, and raised this query in this forum.   

Even if filed, that will be weak case.

You need not worry regarding all that.

Try and get the divorce petition move fast.  

Do not hesitate to pay your lovely money.  Get MCD by paying lumpsum money.

Unfortunately, it is a business deal out there in court halls, where she will fix a rate for your freedom.

When she has already filed an application for maintenance, its all about money now.

Try getting the case settled as soon as possible,  The longer things get delayed, more are the chances of her filing these stupid cases.

Even if she does, there is no other solution for you than to apply for AB to avoid arrest.

Dont worry too much.

1 Like



Many times I have told this.


My beautiful wife after say 4 years of separation and the divorce case already going on and she receiving alimony from me, she wanted to file a 498a case on me.


She and her drama company went to the women PS and gave a written complaint against me and my parents that we ill-treated her for bringing dowry from her mother, that we used to beat her, we used to torture her and that we threw her out of the house.


The women PS summoned my parents, and they went with all the certified copies of the divorce case proceedings, DV case proceedings and showed it to the SI over there.


She [SI] simply said, get lost to my beautiful fair and lovely wife.


They concealed the fact that the divorce case was going on for past so many years, and on top of it they have already filed a DV case too, to give some more trouble to us they have come to women PS.


They did not try this just once, but three times.  Once go to commissioner’s office do drama there, once go to local PS do drama there, once go to women PS do drama there.


No doubt there will be a lot of fear in many men that 498a will be filed falsely, the system is not that bad too, good and honest police officers still do exist.


The FIR was not filed, and my wife and her drama company were shown the door, asked never to come back.


2 Like

pooja verma (house wife)     12 April 2013


i AM Pooja.i wanted to knw the process of file a divorce.i got married in april 2013 bt after 2 months of period i was not happy in my inlaws home there behaviour is not good with me and i am not happy with my husband also.

now i have decided to get seprate from him from 13 dec 2012 to ti now  i am at my mother home kindly advice me.

what i have 2 do bcz i have some financial problem also i want get back my amount which we spend in my marriage..

please help me.

fighting back (exec)     12 April 2013

@helping hand.....thank you sir, much of my confusion has been cleared now.....yes, i agree with you, now it is all about money.  right now she is asking for the moon. in the petiition. i am keeping my fingers crossed for my cases,

Thank you again for your kind advice,,,,appreciate your help

fighting back (exec)     12 April 2013

@pooja....first decide what do you want, your husband, or divorce. when your thougths are 100% clear then go for divorce. divorce can be filed only on concrete grounds as laid down in the hindu marriage act. divorce cannot be filled on flimsy grounds. which include ordinary wear and tear in the lives of couples.

also it is important to know what your husband wants. does he want divorce too or not. if not, then it is difficult for you. you need to talk to him regarding this on one o one basis. without mediation.

also one important advice.: dont file false cases on the advice of your lawyers. this will not only spoil your own life for several years and leave a blot on your name. but also his life as well. so think twice before doing anything

Ranee....... (NA)     12 April 2013

puja start your thread to get attention from all experts.

advocate praveen (prop.)     12 April 2013


DV case can file on the basis of mutual or the gorunds which you can prove, not on filmsy ground.  If you need only money than file a maintenance case against your husband do not go for DV.


stanley (Freedom)     12 April 2013

In case of DV with a recent judgement of Mrs Roshni Dalvi if husband and wife are staying apart for more than a year than after a year DV cannot be filed . 

As for 498 A so far i have not come across any time limit .

ashoksrivastava (scientist)     12 April 2013

@ nopain no gain dv cannot be filed after 1 year of no domestic relationship(i.e no cohabitation)(refer SC JUDGEMENT in inder kumar grewal case). Upto SC judgement in sunita kumari kashyap vs state of bihar case it was a settled law that 498a is not a continuing offence and so time limit for filing 498a was clearly 3 years of last alleged cruelty.

After this judgement it will depend on the nature of allegations whether a case of continuing cruelty is made out or not. in case it is there will be no time limit. however I haven't heard of any judgement after above mentioned judgement wherein 498a case is admitted after 3 years. regards ASHOK

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