Dv case after one year
Amit
(Querist) 08 July 2012
This query is : Resolved
Hi,
My wife has filed a DV case one and half years after our separation.
Does this hold ground? I read somewhere that DV cases have to be filed within an year. Is this true, if yes, can you cite me the relevant sections and judgements?
Also, in the DV case, she has got the ex-parte order to stop selling and transferring the house on my name (we never stayed there, we used to live in a rented house elsewhere). How to deal with this? Can this case be quashed? Can we ask her what's the justification for filing it 18months after separation?
Thanks
ajay sethi
(Expert) 08 July 2012
1) high court is generally reluctant to quash DV proceedings . you have to face trial
2) as far as filing of complaint after 18 months is concerned if allegations denot a continuing offence your wife can file complaint .
3) she has right to stay in shared household wherein you last resided together .
4) contact a local lawyer
Guest
(Expert) 09 July 2012
There is no limitation for filing the DV case. In one of the judgments the SC made a very casual remark to the effect that the same has to be filed within a year. It doesn't lay down any law, and will be of no avail to you. No court can read into the statue a limitation which has not been set by the Legislature.
You can apply for setting aside of the ex-parte order. Quashing happens on certain fundamental principles. Delay alone is not sufficient to quash the proceedings.
Amit
(Querist) 09 July 2012
Thanks.
So quashing can't happen.
Not sure if she has asked for residence rights in my house. But she's got a stay on the sale/transfer of my house. We never stayed in that house but we stayed in a rented house. Will this enable her to stay in that house? Or can I pay her rental money and ask to stay somewhere else? I am yet to receive the petition filed by her, so not sure what the allegations are.
Rajeev Kumar
(Expert) 09 July 2012
You are living in rented house she stil have a right to living in shared household in DV case. As per as judements of our apex court.
ajay sethi
(Expert) 09 July 2012
wait till you receive copy of DV petition . consult a local lawyer .
Guest
(Expert) 09 July 2012
Nothing can be said without seeing the petition.
