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Can Domestic Voilance be filed after 1.5 year of separation


04-Dec-2023 (In Divorce Law)
my cousin got married in February 2022, she stayed 2 days in her matrimonial house then returned back.. after six month in November 2022, she filed Maintanence case because her advocate suggested...after 1.5 year of separation from her husband and fighting maintanence case now she want to file DV case and dowry demand case....her advocate saying she should file dowry demand and DV case instead of filing maintenance ...now ?
Answers (4)

Answer #1
846 votes
what had happened in two days or what time period she stayed at her matrimonial home ,all the events of the time period has to be seen in totality n then a desicion has to be taken whether what should be filed n how time period doesn't matter gravity of offense or incident type of mental harrasment has to be seen.
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Advocate Anita Sharoha

Adv. Anita Sharoha

LawRato Delhi | 25+ Answers
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Answer #2
817 votes
If the behaviour of her husband is intolerable towards her then she can anytime send a complaint regarding her grievances in writing to the police station according to her jurisdiction. And if she wishes to go legal then she can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for herself. And if there's no scope of living together then rather stretching the relationship she should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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Answer #3
548 votes
You can file any case if you have got relief in 125 then u can get other reliefs in DV like residential order, compensation, protection. You can file 498a etc via caw cell You need to hire expert advocate in this matter
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Advocate D. Khan

Adv. D. Khan

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Answer #4
865 votes
Dear sir You may definitely file a DV case separately demanding protection orders, residence orders, compensation, monthly maintenance, etc. separate from the maintenance if granted by the family court. Moreover you may get an FIR lodged against her husband and her in-laws for cruelty in the name of dowry. There is no limitation period for filing it so yes, you may file it. For assistance you may consult me.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRatoDelhi | 700+ Answers
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