498a and 1 year

1. NO, it is not correct to say so in underlined reference to context.
2. Person who says so does not know Law of the land.

Thank you Tajobs.

Dear Querist

if the wife is living sepratly  since 1 year, she can not file a complaint under Domestic Violence Act.

498 A has 3 years Limitation.

68. Bar to taking cognizance after lapse of the period of limitation.

(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be-

(a) Six months, if the offence is punishable with fine only;

(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

¹[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]

Sir,

my wife deserted me in Feb2011 and filed domestic violence case in July2012   my next hearing  in Domestiv violence is in this week .  That means my case is strong as it is more than one year passed we are stayinjg separately