Dv case
shekar hkes
(Querist) 27 August 2012
This query is : Resolved
Dear member please help me on the issue,I got married on 20-8-2008 and my wife left home on 15-03-2011 and she filed Dv case on 27-03-2012 after one year. Now case is running at the stage of internm order and for main DV compliant trail yet not started My Question can i go for High court to Quash the Compliant based on SC case law
Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 2011
IN THE SUPREME COURT OF INDIA
Submissions made by Shri Ranjit Kumar on the issue of limitation, in view of the provisions of Section
468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident
seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6)
of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C.
applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR
2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.
Devajyoti Barman
(Expert) 28 August 2012
The domestic violence specially economic abuse having been a continuing wrong the law of limitation does not limit the wrongs within a specified period.
The Grewal Case you cited is not a law on this subject as the court did not deal with this aspect on the judgement and only made a passing remark about one year.
Your case is not liable for quashing on this ground alone.
Devajyoti Barman
(Expert) 28 August 2012
The other decisions you cited is not a continuing offence and hence it is not applicable in your case.
THANKACHAN V P
(Expert) 28 August 2012
You can approach high court but i don't the high court will interfere at this stage .better to contest case before the trial court.
ajay sethi
(Expert) 28 August 2012
in fact the bombay high court has recently held that merely because DV case has been filed after some years does not mean claim would be barred by limitation .
Sudhir Kumar, Advocate
(Expert) 28 August 2012
Marriage took place in 2008 and she left you in 2011.
What happended during one year thereafter? Any failure of reconciliation?
This does not happen in one day. There is a background whihc you have not disclosed.
Try for settlement.
