Can wife file a domestic violence case if living separately for a year

848 votes

Living together not essential to file case under domestic violence act, says court

Further empowering women to fight domestic violence, a trial court has held that a woman can claim her rights under the law for protection from domestic violence even while living separately from her husband and in-laws.
Additional Sessions Judge Anju Bajaj Chandna held that as long as the couple is married to each other, the wife cannot be denied protection and other rights under the Domestic Violence Act. "It is not essential that on the date of filing of the complaint, the parties should have been living together and it is sufficient that they have lived together as husband and wife in the past," said the court, underlining the legal condition under the Act for filing the complaint.
"In the present case, the marriage between the parties is still subsisting," said the court, setting aside an April 2011 order of a magisterial court, which had dismissed a complaint under the DV Act by an estranged wife against her husband on the grounds that she was no longer residing with him.
The court order came on an appeal filed by the woman against the magisterial court's order. The woman got married in March 1993, but had been living separately from her husband since January 1996. She had first moved the court under Domestic Violence Act in March 2008, seeking monetary relief and compensation from her husband besides protection from domestic violence.
"It is the duty of the magistrate to see that in view of subsistence of status of husband and wife between the parties whether the relief sought by the petitioner can be granted within the provisions of the Act," the court added. The court directed the magistrate to "reconsider the facts of the case and proceed in accordance with law".

Advocate Vijay Raghav Singh LawRato

769 votes

There is no time limit for filling the case under Domestic Violence or under s. 498A of IPC, but if she files the case after such a long period then it will go against her (depending upon other circumstances of the case). Possibility of her filing such case depends upon the relationship subsisting between you both and your families. If she is also ready to come back, then assure her orally and do not right anything against yourself. Achieve her faith by your conduct. Explain her that if you write something, it may be misused in future, although not by her but by her relatives. Possibility of her misusing that writing can also be not denied.

Advocate Pradeep Naik LawRato

513 votes

As per your question : if you will not give divorce then she may file 498a case with you and your family member and also file Domestic violence Act , D.P 3 & 4 act ,r/w 34 ipc , it is better that her conduct and character is not good , you insist her to take Khula and you make MOU binding her not to file any criminal case and domestic violence case and maintenance case against you and your family and you proceed with the khula Mou is important you can show if at all she file the criminal cases against you in future . in MOU you take the witnesses of your father in Law with thumb impression

Advocate R.K. Gupta LawRato

174 votes

In India, there is no specific time limit to file a domestic violence case. As per the Protection of Women from Domestic Violence Act, 2005, a victim of domestic violence can file a complaint at any time, even if there has been a considerable gap since the incident or physical separation from the spouse.

The absence of a time limit allows victims to seek legal protection and remedies whenever they decide to do so, ensuring that they can address the issue of domestic violence whenever they are emotionally and practically ready.

It's essential to note that the Act defines domestic violence broadly, covering various forms of abuse, including physical, emotional, verbal, economic, and sexual abuse. Victims can approach the appropriate court or authority to seek protection orders, such as protection orders, residence orders, and monetary relief.

If you or someone you know has experienced domestic violence, it's advisable to consult with a legal expert or an organization specializing in domestic violence cases to understand the legal options available and receive guidance on how to proceed.

Advocate Chikirsha Mohanty LawRato