Does limitation act apply on dv cases

1.    In my opinion Jstc. Dalvi’s Judgment is controversial as the facts in that case happened in overseas country and wife returned back to Indian soil and filed complaint which was dismissed by Justc Dalvi citing ‘limitation’. I would say the dismissal is wrong as the judgment is actually hit by bar of S. 188 CrPC and not limitation. It was for the parties to appeal in SC and clarify the position. I posted her Judgment here in LCI and gave my observations, dig from past postings and see for yourself why it is controversial.

2.    However I heard from fellow ld. brothers practicing in various trial Courts that few trial Courts have dismissed DV Complaint based on arguing this controversial Judgment so you can try your luck as I cannot quote those trial Court verdicts here who have dismissed DV based on Judgment of Jsct. Dalvi due to non-binding nature.

3.    Alternatively you may place facts and force plead for dismissal of DV Complaint case which alleged to have happened as ‘offence ~ violence’ word and phrase used in DV cannot be ‘continues’ if definition under IPC is put forward vehemently by a seasoned advocate.

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