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My wife threatened to file false police complaint against me & my family for dowry & Domestic voilen
12-Oct-2023 (In Divorce Law)
My wife threatened to file false police complaint against me & my family for dowry & Domestic voilence... It's already 10 years of marriage & have 2 kids (6 & 3 years).... My question is can my wife file false complaint against me for Dowry after 10 years of marriage and if she file domestic violence case any proof she need to submit or just verbal alligation is enough... Note: there were many fights during this period but no formal compaints filed in police or any court however I have given some written information to police regarding the fight & false alligation.... If I file a divorce case wat are the problems (cases) & issue I can face from her side. If I File a divorce case under cruelty as she abuse too much to me & my mother ...do I need to prove them.... Kindly help regarding the same.... Thanks a lot
Yes, there is no limitation of number of years of marriage on filing 498A. However, that doesn't mean that a wife or her relative can a file section 498A on the husband anytime they wish. As per CrPC 468, the limitation on filing of 498A is 3 years from the last alleged incident. Yes a petition for divorce filed on the ground of cruelty needs to be comprehensively be proved.
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Adv. Anubhav Kathuria
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What is the timeline for domestic violence case in India?
The high court has ordered the trial courts in order to make a decision within 60 days on the complaints filed by the aggrieved woman/person under sections 12, 19, and 20 of the Protection of Women from Domestic Violence Act, 2005. 20-Mar-2023
Can a wife file dowry case after 7 years of marriage?
After 7 years of marriage a woman can bring a case under Section 498A, Indian Penal Code, as long as the cruelty was committed during marriage. 26-Feb-2023
What are the rights of wife in domestic violence case?
(1) Notwithstanding any other laws currently in force, any woman who is in a shared relationship has the right to live in the household whether she holds any title, right or beneficial interest.
What is the limitation period to file domestic violence case?
According to the reading of the Act in its entirety, section 28 and section 31 are read together with section 468. The complaint filed under section 12 must be made within a year of the date of the offence, otherwise the court/magistrate will not be able take cognizance as per law. 30-Apr-2023
Even after 11 years of married life, a woman may still file a domestic violence case under Section 12 of The Protection of Women from Domestic Violence Act. The DV Act protects women who have experienced domestic violence, even in a marriage.
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Adv. Chikirsha Mohanty
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