sandeep (pvt service) 23 June 2015

What is sec 482 crpc, can it be used for time limit in dv ca

Dear All,

Want to know what is sec 482 of crpc, can this section be used to quash DV cases which are bound by time limit of 1 year and no cohabitation between parties and yet DV cases are filed, as the essence of filing DV cases is that there should be domestic relationship between parties to file a DV case. also if RCR is filed by the wife, and if the same wife files DV after more than a year, then can the DV case be a weak case by her own RCR case.......

Request experts to please share their views

thanks

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2 Replies

Adv. Chandrasekhar (Advocate) 23 June 2015

Section 482 cr.p.c. can be filed in HC for quashing DV case, but the success rate is so low, more particularly on the ground of barring one year limitation, as such limitation is not there (do not quote S.C. case, I know that case and it is wrongly interpreted by the male rights activists).

sandeep (pvt service) 23 June 2015

thanks adv chandrashekar.......i know you are talking about the grewal judgement. but what about the japani sahoo judgement and indore hc judgement by hon justice jarat jain.

and also particularly when the wife has earlier filed a RCR case and then after a year she files DV case....she also looses her RCR case