Sir Am the husband filed Divorce petition (against wife who is elder to me) in District court and it is dismissed on 10.06.2017
Date of marriage 12.05.2013
Date of separation 18.08.2013 (admitted by her in Divorce case)
Divorce petition Dismissed on 10.06.2017 (period of desertion less than 2 years, and cruelty not proved)
Appeal also dismissed at High Court.
My two questions are as below based on Cases filed by her,
1. She has filed maintenance under DV act 2005 on 09.08.2016. The case has been filed after more than 3 years of last date of cohabitation (admitted by her). But trail court allowed the petition and proceeded, case posted to judgement ON 16.11.2019. Section 468 of CRPC states that no Court shall take cognizance of an offence of the category specified in sub- section (2), after the expiry of the period of limitation. In my case after expiry of limitation period case was instituted and admitted by the trail court. Do court have power to go against the LIMITATION PERIOD of 468 and how can I come out of this and is there any way to fight against the case based on limitation period.
2. Meanwhile she has also filed a PCR in same trail court under IPC 498A, 323, 324, 504, 506 TW149 and Crpc 200. The case been registered in the trail court on 17.10.2017 ie after 4 years 2 months of last cohabitation. Section 468 of CRPC states that no Court shall take cognizance of an offence of the category specified in sub- section (2), after the expiry of the period of limitation. In this case court has directed the Police to register FIR, as on date FIR is not yet registered by Police. Police have not contacted me. Do court have power to go against the LIMITATION PERIOD of 468 and how can I come out of this and is there any way to fight against the case based on limitation period.
Asked 6 years ago in Family Law
Religion: Hindu