Can Domestic Violence case be filed after 6 years of filing a 498a case. My wife has filed such a DV case. I have been acquitted in the 498a case. How will this affect the DV case.
sanjay (assistant) 08 February 2010
Can Domestic Violence case be filed after 6 years of filing a 498a case. My wife has filed such a DV case. I have been acquitted in the 498a case. How will this affect the DV case.
sibasish pattanayak (lawyer) 02 April 2010
DEAR SANJOY,
yes she can file, bombay high court opined recently that PWDV ACT 2005, HAS RETROSPECTIVE EFFECT.
PLEASE SEE THAT JUDGEMENT, though ur case is very different & prospective.
regards,
sibasish pattanayak,
advocate/ 09874854594,
Devajyoti Barman (Advocate) 02 April 2010
Yes, there is no bar to file a case under DV Act after so many years and the acquittal in the 48A case has no bearing upon the merit of the case under DV Act.
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