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RKJAYAKUMAR (Advocate)     30 January 2014

False domestic violence case against her husband’s family

Sir,

False domestic violence case against her husband’s family members after death of her husband -limitation

 

A false domestic violence case was filed by a lady. And her husband was died nearly about 7-8 years ago due to her harassment. And a false domestic violence case was filed as after the death of her husband the husband’s family members was necked her out from the house and presently she was living in her parent house till today. And the case was filed in the year 2011.

 

Is there any limitation to file Domestic Violence Act case and other remedies to dismiss the case

Thank you all.



Learning

 2 Replies

Gautam Kapoor (IT professional Studying Law)     01 February 2014

DV case is not maintainable after so many years particularly  more so when they filed it after not cohabiting with her dead husband for 7-8 yrs as you have mentioned. THERE HAS TO BE DOMESTIC RELATIONSHIP FOR DV.

Get a second opinion from a legal expert.

T. Kalaiselvan, Advocate (Advocate)     02 February 2014

Domestic violence case can be filed after the death of her husband too against the relatives of her husband if she was meted out with violent behavior/attitude and offence against her, whether false or true depends upon the merits of case of both the sides.


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