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Rohit Rawat
in Family Law
Asked April 30, 2018

Domestic Violence case after 7 years of separation

  • 5 Answers
  • 601 Views

Ex wife files for domestic violence after 7 yrs of physical separation Got married in October 2010 as per Hindu rituals in uttrakhand.Ex wife went to training to Chennai in dec24 but didn't return and went to her parental home at Mumbai she got her transfer without informing me....I filled for rcr in feb but she didn't return...I got ex parte divorce decree in my favour in September 2012..N I got married again in 2013...In 2016 she filed for set aside..N it was granted by family court in uttrakhand...She also filed interim maintenance...She lost interim maintenance case in 2017 and exparte was again granted in my favour...Now she have filed domestic violence case and maintenance claim amounting to rs 70000 per month...She is filing dv case after 7 yrs of physical separation..She have filed this case from Navi Mumbai....

Answers 5

Dear Sir,

It is not maintainable as per following section and judgment.

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DEAR SIR

 

it would be barred by limitation . it ought to have been filed within one year of the incident In view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. For further information contact.

Section 468 in The Code Of Criminal Procedure, 1973

468. Bar to taking cognizance after lapse of the period of limitation.

(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub- section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be-

(a) six months, if the offence is punishable with fine only

1. Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974 ), s. 2 end Sch.

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for term exceeding one year but not exceeding three years.

(3) 1 For the purposes of this section, the period of limitation in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]

 

Agree Comment 0 Agrees almost 3 years ago

Pl submit and file reply in time through someone who knows and xpert in fmly case submit all your documents and orders of court u wil succeed by 

Agree Comment 0 Agrees over 2 years ago

Sir

Was your wife aware about ex parte divorce if yes. 

You may take your stand by showing the judgements of divorce and maintenance which are never challenged by her. And even you may tell court that you are remarried. 

Thanks 

Agree Comment 0 Agrees over 2 years ago

Sir

Was your wife aware about ex parte divorce if yes. 

You may take your stand by showing the judgements of divorce and maintenance which are never challenged by her. And even you may tell court that you are remarried. 

Thanks 

Agree Comment 0 Agrees over 2 years ago

You file a case against your wife and stating that all the previous orders in the past cases filed by you. You need not pay any maintainance to her

Agree Comment 0 Agrees over 1 year ago

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