MrDinoMorea (O) 07 August 2013

Validity period of filing a domestic violence case

If a Domestic violence case is filed after 1 year of separation, will it have any validity or maintainability?
Can the husband challenge its maintainability in court?

Reply Follow

14 Replies

Rashid Ali (own practice as a criminal lawyer) 08 August 2013

no you cant

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 08 August 2013

As per Bhanot's judgment, DV has retrospective effect.

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com
Twitter: https://twitter.com/shoneekapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 09 August 2013

:-) No. It is not so, if the delay is properly explained cases can be filed even after that.

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com
Twitter: https://twitter.com/shoneekapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.

1 Like

498a_dv_Crpc125_hma24_victim (unemployed) 09 August 2013

Check the recent Mumbai High Court Judgment od Roshan Dhalve jugdment

498A__misused (Sec) 09 August 2013

so what is final answer ..can DV be filled after 1 year of seperation ...and can DV be filled with in 3 year of seperation?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 10 August 2013

no the DV can not file after one year. read sc indrjeet sahni case

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 12 August 2013

I still disagree. Read Bhanot and Inderjit Singh Sahani judgments, you would know.

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com
Twitter: https://twitter.com/shoneekapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.

1 Like

Reformist !!! (Other) 19 August 2013

so much confusion

498A__misused (Sec) 29 September 2013

Experts - Please resolve this query and advise ?

ashoksrivastava (scientist) 29 September 2013

This matter has been discussed in detail in the following thread https://www.lawyersclubindia.com/forum/Time-frame-to-file-dv-case-after-physical-separation-81330.asp

regards ASHOK

Suresh AV (NA) 07 August 2015

Coming up bit late here -and people are still confused (Need expert advice)

SC judgement (Bhanot 2012) came after couple of months SC gave it's verdict on DV limitation on Inderjit Singh Grewal

SC Judgement : V.D.Bhanot vs Savita Bhanot on 7 February, 2012 (https://indiankanoon.org/doc/23917789/)

------------------------------------------------------------------------------------------

In Bhanot case; Couple lived together till 4th July 2005 and In Nov 2016 Savita filed DV (after 1.4 years) - Here SC allowed and entertained savita's complaint.
This is direct contradiction of SC Judgement of 2011 - in which it mentions that DV Complaint could be filed only within a period of one year from the date of incident-Under Rule 15(6) of PWDVA Rules, where it specifically mentions time limit

Which judgement stands valid ? Assuming recent Judgement overrides older SC judgement then SC must have mentioned it specifically. Isn't it ?

Suresh

Kaatu Poochi (Kaatu Poochi&Co) 07 August 2015

False Dv and Women Failed to Prove it

https://goo.gl/HPs38f

s kumar (not) 08 August 2015

Please provide links for all the orders please, it will be esy to proof

Suresh AV (NA) 08 August 2015

Already provided link on Bhanot case:

SC Judgement : V.D.Bhanot vs Savita Bhanot on 7 February, 2012 (SC gave relief to wife even after she filed complaint after 1.4 year of sepration)

(https://indiankanoon.org/doc/23917789/)

SC Judgement Indrejit Grewal - 2011 Judgement - says DV Complaint could be filed only within a period of one year from the date of incident-Under Rule 15(6) of PWDVA Rules, 2006 provision of Cr.P.C.

https://indiankanoon.org/doc/1337239/

Suresh