Regarding filing of complaint u/s 498 a ipc
Adv.Vishal Anil Vyavahare
(Querist) 10 August 2013
This query is : Resolved
Respected Sir,
My Client left her Matrimonial House in April 2012due to cruelty and harassment , after that she filed application under Domestic Violence Act and the same is pending in Court.She refrained herself to filed complaint u/s. 498 A of IPC because she wanted to cohabit with her husband after various efforts her husband not wiling to cohabit with her. Now She wants to file the complaint against her husband and his family u/s. 498 A of IPC.
I just want to know Whether She can filed complaint u/s. 498 A of IPC after one year of cause of action ?
Is there any issue in respect of Limitation to filed the complaint u/s. 498 A of IPC ?
Please suggest with appropriate case Laws.
Thanks and Regards,
Vishal A. Vyavahare
Advocare Chandwad(Nashik)
V R SHROFF
(Expert) 10 August 2013
Q: Whether She can filed complaint u/s. 498 A of IPC after one year of cause of action ?
Is there any issue in respect of Limitation to filed the complaint u/s. 498 A of IPC ?
Ans: YES she can file 498A, It is within Limitation period. No need for appropriate case Laws.
Sp advise:
Do not file 498A: It will not help ur client. It will only harm both the parties.
DV is already filed, and ur client will get appropriate relief.
I will be there in Nashik road [ct 22] on 27-8-13, may talk personally for more guidance . Take full advantage of Quasi Civil nature proceeding of DV act Appli. How, I will explain
R.K Nanda
(Expert) 10 August 2013
agree with expert Shroff.
Nadeem Qureshi
(Expert) 10 August 2013
the time limit for filing the complaint u/s 498A is three years as per section 468 of Crpc.
the complaint should be filed only where the opposite party demand dowry otherwise not.
