• Domestic violence time limit

My brother got married in June 3, 2009. We live in Chennai, She is from Guntur. She lived with him only 15 days and she went out of our house without any information. Immediately we start searching her and filed a police complaint in local police station, which is still pending. Later on through our relatives we came to know that she is living in Guntur with somebody else. We tried to convince her to bring her through our relatives, but everything went in vain. My brother is living with my mom and father in Chennai. Now to our shock and surprise my brother has received a Domestic Violence Notice from Guntur, Andra Pradesh, calling upon all our family members to present on Octoher 23rd. Kindly advice me how to act upon this.
Asked 4 years ago in Family Law
Religion: Hindu

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26 Answers

Hello,

You will have to appear before the court.

Also ask your brother to file a case of divorce on the ground of desertion.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) engage a local lawyer and file detailed reply in DV case

2) personal presence is not necessary in DV case

3) your lawyer can appear on your behalf

4)it is necessary to peruse allegations made in DV complaint to advice further

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1)You can attend court without your lawyer fir first time and seeks some time to file vakalathnama on behalf of you by you or by advocate.

2)If you ignore it the court may exparte you and pass the appropriate orders against you.

3)If you want to live together then file RCR or if you don't then file divorce petition on grounds of desertion.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

No the law will not permit, but they will have to appear before the court to show as to why the case shall not proceed.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) family members can apply for discharge in DV case as girl has not stayed with them for last 9 years

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

If they've lived together just for 15 date post marriage, it is amply clear that this DV case is heavily misconceived.

Approach the Court through a lawyer on Oct 23 and get this case dismissed.

In case you have received a copy of the compliant alongwith the notice, prepare a short reply.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Nothing to worry.

Appear in Guntur Court through a lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

There is no limitation for filing of complaint under DV act.. The false allegations need to be investigated by the police after they receive any such complaint ..you will be involved in the investigation to prove your innocenc

As an offence under the Domestic Violence Act, 2005 is non-bailable the accused should immediately apply for an anticipatory bail citing that he suspects his spouse will be filing a complaint.

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 preponderance

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.]

More Important DV cases in favour of husbands can be perused at

https://www.shoneekapoor.com/domestic-violence-judgements/

fight the misuse of 498a

« IMP JUDGEMENT DEFINING LIMITATION PERIOD FOR CASES

THIS JUSDMENT REFERING TO THE VARIOUS JUDGEMENTS ( JAPANI SAHOO VS CHANDRASHEKHAR MOHANTY CASE) AND OTHERS AND DEFINING THE LIMITATION PERIOD

VERY USEFUL JUDGEMENT FOR THOSE WHO ARE FACING DOMESTIC VIOLENCE CASE FILED AFTER A LONG PERIOD OF TIME..EVERY LINE OF THIS JUDGEMENT IS WORTH READING

DV LIMITATION

Inderjit Singh Grewal …Appellant

Versus

State of Punjab & Anr. …Respondents

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Sir present before court so that there is no Warrent against any person and further file a quashing petition before.high.court for quashing DV case on ground it is false and there is no domestic relationship from last 9 years.

The police complaint filed by you can be used as evidence in the proceedings.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir in reference to the judgement of the supreme Court in japani sahoo case the limitation is one year.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Now law doesn't premit to domestic violence which is not stayed together for so many years.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

DV case is not maintainable after 1 year of no cohabitation. You may refer apex court judgement in Inder kumar grewal case delivered in Aug 2011.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Yes it is ok hey complaint can be lost by a married woman at any time during the marriage as you have received Notice from the police to appear before him under section 40 and 41 please speak to the police officer concerned if whole family is required for this to appear before him it is advisable that before going to the police officer you all have to apply for anticipatory bail or quashing of FIR in the High Court so as to avoid any arrest in this case

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello Dear

I would like to advice that you and your family members needs not required to fear or scare from any corner. Do engaged best matrimonial lawyer in Guntur. Send him complete material and he will look after all your ordeal. Don't forget to send first Sing Vakalat Nama in advocate fever, so that he can able to apppear in the court and contest case on behalf of you all. Secondly, brief him and supplied whatever information you have since the date of marriage till now.

Instruct your advocate to ask from other side to supply the copy of entire paper book i.e. the Petition of Domestic Violence case along with documents annexed with the complaint/Petition.

Regards

G.L.Soni

Advocate

G. L. Soni
Advocate, New Delhi
87 Answers
3 Consultations

5.0 on 5.0

Dear client.. if she left with out informig anyone.. and living with someone else.. then ,try to get those evidence that she was living with other guy.. and file for divorce on the ground of cruelty, desertion ,and adultery,

And she can't file DV ..or 498a .. after desertion of 9 years...

DV can file when husband and wife are living together and Domastic violence took place.

For more details call me through Kaanoon.

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

Sir you can engage an advocate and can submit a written reply. And further with the medical documents of brother that he cannot be present for the time so for personal persence time may be extended.

Further when the criminal case is registered file a quashing petition before the high court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

personal presence is not necessary in DV case

2) you can be represented by lawyer

3) claim is not barred by limitation as DV is continuing offence

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

yes you can send an advocate along with vakalatnama.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You may try and see if the presence of advocate helps you in resolving the issue, a lot depends on the local laws.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Appear through a lawyer

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Let she file the DV case involving everyone in the family.

You can challenge the case on the basis of the documentary evidences in your side including the police complaint about man missing and the copy of the FIR in this regard.

In fact you can file a quash petition before high court on the same grounds.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

It is almost 9 years since they live for 15 days...Now if she want to humiliate or harass to get money,,,will the law permits?

She would hav manipulated the entire case hence the court has accepted and taken the case on file.

However you can take up the matter for quashing based on the documentary evidences.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

My brother had a brain stroke before 2 months and undergoing treatment and my parents are aged. Still is it needed to travel almost 500 kms and present before them and prove the false allegations. Anyway as per 468 Cr.P.C. the time limit is one year. Is there any possibility without going there. Can an advocate present before the Project Director on our behalf or can we send any notice.

You can engage the services of an advocate who will represent everyone before the protection officer and he will convince the situation, but the protection officer has no power to dismiss the application when the parties do not appear before him in person and have a reconciliation session.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

I would advise you to appear in person at the police station along with your advocate and give your statements stating your defence and in all likelihood, her complaint would be dismissed as it has been made after 9 years of desertion.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

There is no limitation period in criminal offences but generally cases filed after number of years lack merit and no investigation is possible after such a lapse of time and are dismissed.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Advocate having valid power of attorney can appear on your behalf if your brother cannot travel.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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