It is a complicated issue. In cases under the DV Act, husband feels that as there was physical separation with his wife some time back, the period should be calculated from that last date. But legally and sociologically the marriage bond is in existence. It is not severed. So from the emotional point of view , courts would always feel that ' wife ' is undergoing mental torture due to desertion. Thus it will be considered by the Court as a continuing offence . No limitation.
About filing of false case : in every proceeding the trial will take some period of time to conclude and for delivery of the order/judgement. The Respondent , the defendant i.e. like you will have to wait for some time to get his chance to give evidence in his possession oral or documentary. Till then no scope to ask the court to hear you first. Before that you have opportunity to cross-examine your wife and her witnesses . But that is not the end of the journey . Till u get the final order in ur case, you have to wait and wait.......
After winning ur case , you can file damages in civilcourt. Again procedure has to be followed....
protection of women from domestic violence act is a criminal act. The offence under this Act more over the time is a continuous offence and the law provides you the procedure and the remedies when the false allegations have been imposed against you.
there is no such limitation of time, however so as to make the complaint more substantial and credible it is advisable to make the complaint as soon as possible at the time of the incident.
There is no limitation for filing the petition by wife against her husband under domestic violence act 2005. However you can contact the investigation officer to whom the court has given direction to investigate the matter and file all the supporting documents before him. If you want any further information or any other advice then contact me without any hesitation through administrator of this website
Protection of women from Domestic violence Act 2005 prescribes for a civil offence, hence, if its a false complaint then the accussed in this case can prove in Court that the allegations are false using the threshold of 'preponderance of probablity'. However, a more detailed and too the point advice can only be given by considering all the facts and circumstances of the dispute.
There is no limitation for filing of complaint under DV act.. The false allegations need to be investigated by the police after they receive any such complaint ..you will be involved in the investigation to prove your innocence ... For proper and further consultation contact:- 9654062181 adv Hemant Chaudhary
No, there is no clear time limitation for filing a complaint under The Protection of Women from Domestic Violence Act, 2005 (for short ‘the DV Act’).
Punishment of imprisonment under the DV Act is under Section 31 (Penalty for breach of protection order by respondent) and Section 33 (Penalty for not discharging duty by Protection Officer). For both the offences the imprisonment period may be extended up to one year, under the DV Act. Section 468 of Code of Criminal Procedure (for short ‘Cr.P.C.’) enumerates the limitation period for offences as according to the term of imprisonment for the offences. Section 468(2)(b) reads as: “The period of limitation shall be one year, if the offence is punishable with imprisonment for a term not exceeding one year”. Thus, the period of limitation with regard to Sections 31 and 33 of the DV Act would be one year.
In the case of Inderjit Singh Grewal v. State of Punjab the limitation period with regard to the DV act was considered, wherein the Court did not lay a limitation period for the DV act.
If the nature of domestic violence is of the nature of ‘continuing offence’ then period of limitation will only start from when the offence stops or when there is a divorce between husband and wife. In case of a divorce, with ‘continuing offence’ the period of limitation begins from the date of divorce.
On the same, in a recent Supreme Court judgment, Krishna Bhatacharjee v. Sarathi Choudhury and Ors. , the Court with regard to Section 12 of the DV act laid that in the case of a ‘continuing offence’, as long as the status of the parties remains same, the aggrieved person is not bound by any limitation.
There is no express provision under the DV act which per se provides protection from false allegations or false accusations. If a case under the DV act has been filed then the onus of proving the case lies on the complainant. The person levelling the accusations has to establish his or her case by leading evidence. The case would have to be fought on merit depending upon the facts and circumstances of the case.
There is no statutory limit to file a complaint under the Domestic Violence Act, 2005. However in case there has been physical violence the Complainant should immediately file the complaint as she has to show by way of medical examination the physical violence meted out to her. In the event that the complaint is based on a false allegation the alleged accused should forthwith join the investigation to ensure that a negative finding should not be recorded against him by the police or the court. As an offence under the Domestic Violence Act, 2005 is non-bailable the accused should immediately apply for an anticipatory bail citing that he suspects his spouse will be filing a complaint.