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(Guest)

Maintanence under 125 of crpc

Hi Experts of this Forum,

My query is related to Domestic violence Case Limitation period?

Here my sister in law 2 years back left in laws home thereafter she filed 498A r/w 3 and 4 of DP Act.After one year she filed maintanence case u/s 125 crpc(she is holding a degree B.tech). Now she is yet to file DVC against the all family members.whether limitation period is applicable to DVC.

when i enquired in DVC office they stated that DV is continuing offence as such limitation period is not applicable to DVC.she is entitled to file DVC.

whereas my Advocate says as per the judgement in 2011 she cant  file DVC ?

whose version is correct? and i kindly request your valuable advice to protect my parents.

 

waiting for reply ...

Thanking you all...



Learning

 4 Replies

Suhail suhail (LAWYER)     20 February 2019

No limitation prescribed under D V Act and  neither for Sec 498 A any limitation is there.

however the burden of proof lies upon complainant. 

In limitation Act 1963m thse offences are not specified however it is deemed as under under Article 137 as :

Any other application for which no period of limitation is provided elsewhere in this Division.  

Three Years When the right to apply accrues.

The burden upon complainant to show when the cause of action accrued.

1 Like

Suhail suhail (LAWYER)     20 February 2019

Bombay High Court
Shri. Maroti vs Sau. Gangubai on 9 August, 2011

Anish Thakur 7018812737 (advocate)     23 February 2019

supreme.court had now made 1 year limitation for dv complaint

Anish Thakur 7018812737 (advocate)     23 February 2019

however no limitation for 125 crpc

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