Are dv and 498a possible after one year?

Now question arises about 498A. If wife cannot file DV then on what basis can she file 498A. As per supreme court, just verbal communication or written communication without physical harrassment to wife cannot attract 498A. But still 498A can be filed within 3 years of separation. I do not understand why?

Dhanesh,

 

Because S. 468 of CrPC defines the time limits according to the nature of the crime, That is called period of limitation, it is so defined because legislature does not want more henious crimes to go unpunished and minor crimes should not be litigated after ages.

 

 

Fight for Cause,

 

The judgement from Rajasthan High Court is Nishant Hussain Vs Seema Saddique dated 21.09.2012.

 

 

Fight for Cause,

 

The judgement from Rajasthan High Court is Nishant Hussain Vs Seema Saddique dated 21.09.2012.

 

 

Some of my friends who are fighting DV cases have told me that judge would like to know if wife was admitted in the hospital. If not then judge don't by domestic violence story.

Dhanesh,

 

There is no such policy, it could be the attitude of one particular judge, but court can not throw the application out on this ground alone.

 

 

Regards,

I hope this judgment is helpful of you.

 

Bombay High Court

(1) (4) APL 160/11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

Amk

CRIMINAL APPLICATION NO. 160 OF 2011

Sejal Dharmesh Ved .. Applicant

Vs.

The State of Maharashtra & Ors. .. Respondents

Mr. Amit S. Dhutia i/b Niranjan Mundargi for the Applicant.

Mrs. A. A. Mane, APP for Respondent No.1State.

CORAM : MRS. ROSHAN DALVI, J.

DATE : 7 th MARCH, 2013 .

P.C.

1. The applicantwife

has challenged the order of the Court of

Sessions at Greater Bombay dated 27.10.2010 holding that her application

under the Prevention of Women from Domestic Violence Act, 2005 (D.V Act) is

not maintainable because she was not in any domestic relationship.

2. The applicant married on 04.05.1999. She lived with her

husband in the US. There are two issues from the marriage. She returned to

India on 11.02.2009.

3. She filed her application under the D.V Act on 18.01.2010.

4. The learned Judge has considered that under these circumstances,

she having come to India in February, 2009 and having filed this application in

January, 2010, there was no domestic relationship between the parties. The

learned Judge has considered the definition of domestic relationship. Of

course, that relationship is defined to be one of which the party then lived and

had earlier lived. That would be during the subsistence of the union between

them. The application under the D. V. Act could be filed, when the marriage

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Bombay High Court

(2) (4) APL 160/11

union subsisted. That having came to an an end and long after the physical

relationship came to be an end, she having returned to India, she cannot be

taken to be living in any domestic relationship in India.

5. A wife who lived in a domestic relationship earlier, but which

ceases only because of any domestic violence can certainly file an application

for such domestic violence that took place whilst she lived in that relationship.

Such application is required to be filed within a reasonable time to show that

relationship would give her the cause of action to sue under the D.V. Act for

the reliefs under the Act.

6. A wife who has returned from the USA and consequently from the

domestic relationship and lived in India for one year cannot file an application

with regard to that relationship after such time. Such wife cannot be taken to

be in any domestic relationship. The order of the learned Judge is, therefore,

correct. The writ petition is completely devoid of merits and accordingly

dismissed.

(ROSHAN DALVI, J.)

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Dear Querist

the time limit for filing DV case is one year as per the SC Judgement.(Inderjit singh Grewal case) but 498A case can be filed within three years of incident.

read section 468 to 473 of Cr.P.C 

Even though there is time limit, can police file a case ?

https://www.lawyersclubindia.com/experts/Domestic-violence-act-limitation-265951.asp#.U6toCpSSyYg

In a significant order, the Bombay High Court has held that a wife can file an application for specific reliefs under the Domestic Violence Act only while remaining in a domestic relationship. However, if living separately from husband for quite some time, she cannot be said to be in domestic relationship and, therefore, cannot file such application under the Act, Justice Roshan Dalvi ruled while rejecting a petition filed by a woman who left her husband and two children in the US and returned to India. The High Court also upheld the order of a lower court which had ruled that the petitioner's application under Protection of Women from Domestic Violence Act was not maintainable. "The application under Domestic Violence Act could be filed when the marriage union subsisted. That having come to an end and long after the physical relationship came to an end, she having returned to India, she cannot be taken to be living in any domestic relationship in India," the judge observed in a recent order. The petitioner married on May 4, 1999 and lived with her husband in the US. They had two issues. She returned to India on February 11, 2009 and, a year later, filed an application under Domestic Violence Act in a sessions Court. The High Court upheld the ruling of the sessions court that no domestic relationship existed between the husband and wife when she filed the petition seeking redress under the Act. A wife who lived in a domestic relationship earlier, but which ceases only because of any domestic violence, can file an application for domestic violence that took place whilst she lived in that relationship, the High Court said. However, such application is required to be filed within a reasonable time to show that relationship would give her the cause of action to sue under the DV Act for the reliefs under the Act, it said.