wife seprated 21.07.2010 and she filed dv case in 16.09.2011 what is the limitation period. can she file after one year.
Suryaa.saravanan (other) 17 December 2012
wife seprated 21.07.2010 and she filed dv case in 16.09.2011 what is the limitation period. can she file after one year.
Shantanu Wavhal (Worker) 17 December 2012
there is no limitation period for filing DV
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 17 December 2012
yes, she can file.
HK_Jain... (498a Fighter) 17 December 2012
Read this
https://www.lawyersclubindia.com/news/Domestic-abuse-case-can-be-filed-any-time-Delhi-HC-10739.asp#.UM8O9G_qnis
Shantanu Wavhal (Worker) 17 December 2012
additional sessions judge held that Savita’s claim was maintainable since she had left the matrimonial home on July 4, 2005, and the Act had come into force on October 26, 2006.
this means a woman can avail DV act even if the incident had occurred before the enactment of DV act.
rajiv_lodha (zz) 17 December 2012
Ppl are trying to fight DV limitation period as 1yr based on Indejit S Grewal SC judgment, but no success story read till date!
Shantanu Wavhal (Worker) 17 December 2012
rajiv,
facts of the judgement are different and unique to that particular case.
finding of SC in that judgement is not General
Rahul Kapoor (Legal Enthusiast) 17 December 2012
hello,
if they have filed case then fight it on merits and prove that there is hardly any domestic relationship during that time period.
koraganjikumar (other) 17 December 2012
yes she can apply divorce but law says that both the couple should be separated atleast for one year before applying for divorce.
she can claim maintenace according to sec125 also
HK_Jain... (498a Fighter) 17 December 2012
| Originally posted by : kumar | ||
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yes she can apply divorce but law says that both the couple should be separated atleast for one year before applying for divorce. she can claim maintenace according to sec125 also |
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he he he..
Its nots DIVORCE dear..its domestic violence(PWDVA)
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