Hello Experts,
She had filed DV in Judicial Magistrate First Class Court at Kalyan after 3.5 years of living separately. The case is still pending in the Court. Now, my questions are :-
- Should I go for appeal for dismissal of DV case (by submitting condonation of delay application of 11 months caused to gather citations) based on judgements passed by The Bombay High court and Supreme Court on limitations act to file DV within 1 year of the incident ?
- Or should I wait till the Judicial Magistrate First Class Court at Kalyan pass an order and then go for appeal in the Sessions Court ?
- Also, If I go for an appeal at the sessions court and the court reject my case due to delay in filing an appeal after 11 months, then can i approach to the High Court immediately within 30 days of the receipt of the order received by the sessions Court ?
Just for your info., no domestic violence had occurred and since she does not have any proper evidence, she had filed irrelevant evidence which does not prove any kind of violence had taken place.