Limitation for filing domestic violence complaint

Guest (Querist) 02 November 2013 This query is : Resolved
Respected Experts,
What is the limitation for filing Domestic Violence Complaint if wife is living separately from husband and his family for a long time i.e. from a specific date which is on record?
Facts are that husband and wife filed case under section 13-B of HMA after living separately for one year. Statement of first motion was recorded and part payment was made by husband. At the time of statement of second motion, after six months, wife refused to give divorce. Thereafter (two months later) she filed a domestic violence complaint against all the first blood relatives of her husband. Wife was living separately for 1 year and eight months and after that she filed DV Complaint.

Follow Query

Report Abuse

P. Venu (Expert) 02 November 2013
What is the violence alleged and what is the protection sought? Living separately does not rule out the possibility of "domestic violence" as defined under the Act.

Dr J C Vashista (Expert) 02 November 2013
Give full facts of the case, which type of complaint has been filed, i.e., whether it is violence for which she has sought protection, whether she wants monetary releif, household sharing, asking for child custody etc.etc???

V R SHROFF (Expert) 02 November 2013
Mr. Y. Kumar,

Your wife has right, and she is within her Limitation period , for filing DV
Domestic Violence Complaint...

Defence is the only alternate- only weapon left to you.

As she bounced back, after filing MCD 13B, [certainly for more money]she is likely to loose DV, even 498A.

So don't worry.
Disown you, etc may not help, and otherwise also, it is too late, as both in court for over 1.5 yrs.

Devajyoti Barman (Expert) 02 November 2013
The DV case is perfectly maintainable.
For matrimonial discord there is no limitation as the cause of action is continuing wrong.
You can not define date for perpetration of torture which continues for ever if not physically but mentally.

ajay sethi (Expert) 02 November 2013
DV case would be maintanable and not barred by limitation

Rajendra K Goyal (Expert) 02 November 2013
Defending case is alternate, agree with the experts.

P. Venu (Expert) 02 November 2013
However, DV is maintainable only if there are material facts substantiating "domestic violence". It rather unfortunate that an action under DV Act and 498A IPC deemed to be a necessary corollary, or even a handy weapon, for the disappointed wife to pursue a matrimonial discord.