My Cases

718 votes

Dear Sir, DV case has to challenged on the ground of limitation as per following provision of law Ot 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.]

Advocate Kishan Dutt Kalaskar LawRato

524 votes

Hi...if you already filed a divorce then again your wife can't file the same petition and she can be party to the petition and she can file other petitions but if it is delay she have to explain the proper reason for that. And you can challenge the same Thank You

Advocate Rama Chandra Shenoy LawRato

697 votes

Have you got divorce from family court and they have not gone on appeal for 2 years now? have you changed your address? whether summons is served on you or you have obtained bail in 498 case? sec 125 will be closed after your divorce becomes final. so give more details.

LawRato LawRato