Regarding delayed domestic violence & 498a case
Monika
(Querist) 15 July 2016
This query is : Resolved
My husband and his family used to torture me a lot but on 22nd Feb 2014 my husband beaten me and tried to attack me with the knife but I managed to protect myself since then I left his house and staying with my parents. Now in april 2016 I filed the domestic violence case against my husband and his family. The reason I did not file it earlier was I did not want to indulge into the legal matters and quietly wanted to get divorced, but my husband still keep on playing games with me and do not want to divorce me easily. Hence I took legal help. i came to know from some source DV can not be filed after 2 yrs of separate living, it can be filed within 2 yrs of saparation. IS it true? And also I came to know that on this basis court will dismiss my DV case. How much is this true? is it late to file 498A also?
Shonee Kapoor
(Expert) 15 July 2016
There are varied decisions with regard to limitation under DV Act. At certain times the courts have quashed the the proceedings under DV after ONE YEAR.
However, most high courts have granted civil reliefs like Maintenance and Residence even after the so called limitation period. Only protection orders and allied reliefs are denied.
In any case in all cases, the delay in instituting the case has to be explained properly.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Rajendra K Goyal
(Expert) 16 July 2016
You have filed the case, prey the court for award of maintenance, protection orders also. Engage services of some senior lawyer in the field.
