I am undergoing a trail of 498a and 125 since last 15 months .
we are separated from almost 19 months as per records in 498A .
Now if she can file DV or is there any time line to file DV?
AS 14 October 2014
I am undergoing a trail of 498a and 125 since last 15 months .
we are separated from almost 19 months as per records in 498A .
Now if she can file DV or is there any time line to file DV?
LoneFighter (IT) 15 October 2014
I guess not. she can file a case, but reasons has to be given for time lag.
AS 17 October 2014
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 17 October 2014
DV is not maintainable after one year of separation. Please see the following judgement.
https:// https://mensrightactivist.files.wordpress.com/2013/12/a1-one-year-seperation1.pdf
Also I request you if you did not apply for Speedy Trial then do it on priority to force opponent to face the trial. Else the case will be dragged life-long.
Please read each of my posts carefully in the following links.
https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg
https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg
https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 17 October 2014
The high courts of Mumbai, Rajasthan and MP has upheld the time limit of ONE YEAR in filing Domestic Violence citing Inderjit Singh Grewal judgment of the Apex Court. However, atleast in one judgment the High Court of Hyderabad has interpreted the said judgment of Apex Court differently.
So it depends in which city/ court your case is in.
Regards,
Shonee Kapoor
www.shoneekapoor.com
AS 18 October 2014
Shonee Kapoor my case is in Haryana ? what is final words now ? please advise
AS 20 October 2014
Anyone can advise? DV can be filled in Haryana after seperation of 18 months or more or not ?
amit8 (abcdef) 20 October 2014
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 21 October 2014
Yes please appeal with the citation mentioned above in HC with Article 227 in Criminal Appellate Jurisdiction
Article 227 sample petition is their in my links. You should modify as per your case story and grounds.
Pappu (Victim) 24 October 2014
Actually you can and should use judgments like Roshan Dalvi to object to suhc inordiante delays.. However, please note that DV act allows the judge to frame their own procedures as per the case. So don't be surprised if your plea is rejected.
Kaatu Poochi (Kaatu Poochi&Co) 18 November 2014
DV Time limit one year
https://misuse498adva.blogspot.in/2014/03/dv-time-limit-one-year.html
tejeshwar.d.c (no) 24 November 2014
ya sure Mr. amit 8 get this knowledge towards ur advocate its a good ground aganist D.V for men