Dv case is not maintainable after 1 year of no cohabitation

Dear all,

    complaint against me by my out-laws and 498a girl is running in CAW cell.  Will this judgement of Hon'ble Dalvi Sir  will have any impact on it.  No FIR has been registered yet.

Dear all,

    complaint against me by my out-laws and 498a girl is running in CAW cell.  Will this judgement of Hon'ble Dalvi Sir  will have any impact on it.  No FIR has been registered yet.

DEAR learned members...

Can this rule also be applied when both husband ans wife are living under the same roof but in separate room since 6 years ??? they do not talk to each other and no physical contact too. they dont event see each others faces for days. the wife has said this and confirmed under video cameras. Can these video + audio footage be used to show that there is no cohabition for more than 1 year (infact 7 years) and try to get the DV case ruled out ????????????

plz guide...and advice...........

“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. It cannot be filed after 1 year.”

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

@ Kaatu poochi:  The DV case after one year of separation/non cohabitation is noneffective though the court may accept her application and it can be proved before the court during trial that it is certainly an afterthought case to avenge the husband and his parents and relatives over the trivial issues that prevailed when she was in her matrimonial house.  I think she is actually abusing the law by misusing the provisions of law in her favor, which if challenged properly, can be defeated.  Be in close touch with your advocate regarding the developments of the case.

@ Rising up again:  you could have posted your query in a separate thread, please do it next time, to your question: The burden to prove the allegations no doubt lies on the petitioner under such circumstances but being living under the same roof, it will be difficult for the respondent to prove that there were no contacts between them over years and also to disprove her claims.  In your case, the cruelties on her side against you should be substantially established and challenge her allegations properly.