Time limit for dv?
Guest
(Querist) 15 January 2012
This query is : Resolved
Hello Experts,
I've Gone through this below thread.
http://www.lawyersclubindia.com/experts/Time-limit-262591.asp
However, Few things I Have in my Mind I.e.
1) If My wife DV after 1 year, What is the way to Challenge her DV.
2)Can I Approach HC to Quash the DV?
3)Will Court give any Relief If Proved All allegation She is trying to make which itself are false, that is too after 1 year
Regrds
Advocate. Arunagiri
(Expert) 15 January 2012
1. to whom the complaint was given. what is the nature of the complaint. based on this i can give my final opinion.
2. Yes you can.
3. True or false can be decided based on the evidences available. Normally, HC will not appraise the documentary evidences for quashing. When the complaint itself does not show the prima facie, the HC will quash.
Devajyoti Barman
(Expert) 15 January 2012
I repeat there is no time limit prescribed for filing the DV case.
The statute is clear and has retrospective effect.
The so called Grewal decision has not set any precdent as the time of one year is casual remark while deciding some other points in law and is not a 'ratio decidendi' only which has binding force on lower court.
The DV case can be filed at ant time of cause of action. Do npot forget that at leasr economic abuse remain live as long as the wife remain unemployed or her economic need unfulfilled.
If you have any other ground then you can go for quashing. Bu the several High Courts has prescribed to first approach Sessions Court in Appeal and then to come before high court.
Nadeem Qureshi
(Expert) 15 January 2012
Dear Qurist
as per my opinion no need to go High Court for Quashing fight in Lower court on Limitation period with SC judgement.
3) if it is prove before the court that all the allegation were false against you then you can file a complaint against her u/s 182 IPC with 340 Crpc.
feel free to call
Raj Kumar Makkad
(Expert) 15 January 2012
I completely agree with the common views expressed by all experts above and think no need to add.
Shonee Kapoor
(Expert) 15 January 2012
You can go for quashing using Inderjit Singh Grewal case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 16 January 2012
I agree with the views expressed by all experts and no need to add.
Guest
(Querist) 16 January 2012
Let me Summarize & Correct me Experts If Any,
1) My Wife CAN File DV on Allegations Like I Adopted Cruelty So n So, But If She do not have Evidence It will not be Prima Facie, There is No Formula to Stop her.
2) But But, Since Allegation Made in DIR (Domestic Incident Report) are ONE YEAR Old I can Defend the Allegations Made After ONE YEAR.
3) I can Go to Session / High Court to Quash under CrpC 482.
M/s. Y-not legal services
(Expert) 16 January 2012
quash proceedings before high court only sir., you cant proceed this before sessions court..
-tom-
Devajyoti Barman
(Expert) 16 January 2012
1. The statements on oath is enough for prima facie case.
2. The one yer time limit is no defence. She ca file case at any point of time.
3. Quashing would not be allowed. Quashing is done only by high court not by sessions court.
Deepak Nair
(Expert) 16 January 2012
Rightly and sufficiently advised and guided by all the experts.
prabhakar singh
(Expert) 16 January 2012
Yes!JSDN is right,quash is exceptional and not a general rule.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 January 2012
