405,406
Querist :
Anonymous
(Querist) 24 January 2012
This query is : Resolved
this is matrimonial issue sir. hindu woman second time she married with out giving diroce to first husband. after knowing the second husband filed cheating case and null and void case to declare his marriage as null and void. as a counter blast that lady filed 405,406 criminal cases as she entrusted all her belongins to second matrimonial house. sir now my doubt is :
she is saying that she entrusted the articles in the year jan28th 2004. after year second matrimonial house came to know her first marraige filed cheating case on her that is in the year 2005 may. in the year 2006 she filed a private complaint in the court under 405 and 406 which was refered to police station. police after invistigation filed final report as non congnizable. now again she filed one more complaint in the court in the year 2007. court took into conginizance in the same year that is 2007 on jan 29th. sir my doubt is :
a. what is the meaning of barred by limitation.
b. will my case will under barred by limitation. i saw this barred by limitation in google search but i could not understand sir.
c. it seems the court should take the case into congnigance after one day from the day of entrustment of articles and before three years.. is it is correct sir. is there any delay in taking the case into congonization by the court.
V R SHROFF
(Expert) 24 January 2012
You state" after knowing the second husband filed cheating case and null and void case to declare his marriage as null and void."
Where and when you filed it??
When u got married??
What proof, she had ex husband alive??& not divorced?
To calculate Limitation, we need exact dates.
barred by limitation, means, NOT allowed to litigate, after specified Time Period, usually 3 years / 1 year etc.depending upon type of cases. It is Limitation of Time Period to initiate action.
Devajyoti Barman
(Expert) 24 January 2012
1.It means the case can not be filed after a certain point of time.
2.No ,it can be avoided by the de facto complainant by stating new cause of action from any point of time.
3.If she could some other date then it would not be barred by limitation.
Shonee Kapoor
(Expert) 26 January 2012
Rightly advised by Ld. Barman.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
