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Answers
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.
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.
need-a-solution-for-the-protection-of-women-from-domestic-violence-act-2005-8440298
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Police and a Corporator harassing me...
This is related to marriage. After creating intimacy, he is not accepting me
state bihar ke aaganwadi mapping panji me animmitta bartne ke sambandh me
Ex boyfriend is torturing me and my relatives. He is not ready to leave
Sir / Madam. A commercial property was bought in my son’s name in 2019, he is af
RAJASTHAN
Builder sell flat showing plan in agreement 580 Square feet carpet Bmc approved
Society secretary digged 10 feet ground floor godown for water storage for perso
my friend not return my money . money transfer by online banking how to get
Recovery certificate is pending with DRT & bank under sarfesi act kept house auc
Secretly recording the video of a patient harrasing me during treatment
How to follow up next steps after judgement is favourable to us.
Teanat leave at half of month, how much amount should he pay half rent or full
My sister was engaged for marriage now it is broken off by the groom side.
I need to change my DOB in my educational certificates (10th, 12th, UG and PG).
Suggestion regarding guardianship
What is IPC 107 section means and what are the charges in this?
my father expired due to my boss's negligency
Regarding education loan repayment
Property related
Uttarakhand
Delhi
Break marriage after engagement
Himachal Pradesh
Near Green supermarket
Sir I have concern about agriculture land
Advise regarding Bescom connection without OC
Kerala
Tamil Nadu
I have already a pending case in Dwarka court (498, through women cell).
Land issue
cheaque dishonour
Builder asking additionally amount after registration
Typing mistake in house sale deed.
Cheque bounce case
Gujarat
Delhi
I want to marry a guy of my own caste it's a love marriage we want to marry in c
NEW DELHI
I want to take divorce.. So I want some legal advices
The venture is 2675 but land is 2600 we are getting deficict of 75sqydswhom to
Bihar
Defaulter tenants now running away.
I want to ask about family pension
Gujarat
I HAVE A OLD OFFICE FOR WHICH NOC NOT RECD SINCE 2006, IS MAINTENANCE LEGITIMAT
Seller of flat refusing to give parking
So much dust from Carpenters
Our land is registered with x survey number but we are in position with y survey
Maharashtra
Maharashtra
File complain against NGO
One of our neighbor occupied the Road which connects us to the main road.
My uncle stole my mother's phone and took out a video of my father's illness and
Our society is charging us extra money for parking
COLLEGE FEES PAID IN ADVANCE FOR ADMISSION BUT NOT TAKEN DUE TO HEALTH ISSUE LET
About raw road which is not getting permanent
Is bringing fruits for personal use from Shimla to Delhi in pvt. Car an offense
WHO ARE INCLUDED IN FAMILY DEFINATION AS PER LATEST LAW
Kerala
Hoshiarpur
Mere mom ka birth certificate nhi hai us case mai konsa document use kr sakte ha
Relative purchased a car on my name not ready to get it transferred
About money fraud
Tamil Nadu
Himachal Pradesh
Gujarat
Uttarakhand
RAJASTHAN
Went to girl room naked
Just need someone to elaborate whats written below actually means.
Want to make agreement
West Bengal
I'm not a professional lawer can I fight my own case.
Uttar Pradesh
If I'm unable to file police complain can i file RTI Or complain on C. M. Portal
assam
What is the validity period of Distance Certificate, issued by PWD ?
Delhi
Love affair
Name change procedure please tell me sir
Tamil Nadu
Hi, can I park my scooty in front of my house?.
How I can get immediate sifting from one-town to other.
Want to know how can I take my Qualification certificates.
Transfer of spouse on compessionate Ground
To get own personal rights.
Can can fight my case by own I'm mot a lawer, I'm poor.
I want to run away from pg. Broke. Can't pay next month rent. Can he file police
To get own personal rights.
To get own personal rights.
I've university certified married recombinant latter. Need to make legalize by c
How to write citation for award winning.
To get own personal rights.
Madhya Pradesh
Gujarat
Dowry case
Haryana
Delhi
DELHI
Non payment of fees abroad
Owner tenant related
GUJARAT
Legal steps against interviewer for breaching right to equality.
I have been looking after my help shop for past 24 years and after my dad's de
Domestic violence
Gujarat
Got in trouble for posting a picture from my old school magazine. It had names.
Uttar Pradesh
Can sale agreement done between father in law and son in law
I don't want to be a guarrantor any more. What to do?
Sir I have taken a home loan from SBI in 2017. The home loan amount which was su
rental agreeement
I was caught drinking in a standby car in my colony.
Value of pati-patra
My mother in law has a land and she decided to give this land to her daughter an
IN DHANI APP
నేను అప్పుల పాలయ్యాను నాకు ప్రాణ హాని ఉంది అప్పులవాళ్ళు నాకు రోజు ఫోన్ చేసి ఇ చం
Tamilnadu
If the criminal is dead, will the anti-corruption case continue or close?
L & L agreement executed for 11 month from 18 Feb but Tanent not paying rent.
Andhra Pradesh
Is issuing notice under surfaesi act by banks is freezed now?
Society is charging fine to tenant for keeping 20 ltr water bottles
Extra marital affair
West Bengal
What are duties and responsibility of distitrict colloector regarding issueing o
Select a State
Im a teacher and my student wants to file a case cuz im late to class
J&K Govt. advertised certain posts in December, 2020. I applied under EWS catego
Cheated by a Girl
Need to transfer Maternal house property
Maharashtra
Marriage without parents acceptance
OPP DPS SCHOOL
Sir, Me and my two sisters are being harassed and beaten by my brothers
You I am ordering an electronic musical instrument online from a dealer from Ind
I'm 13 and my parents put this camera in my bedroom
Car accident claim
Without reason suspension
Police officer not tack my petition
Employment Issue
SBI credit card settlement dispute
Not getting the committee money back
Legal advice on agricultural land
Daughter in law have any rights to stop sale the ancestral property
MY AGRI LAND TOOK BY STATE GOVT FOR PAZAR TALAV VALUE PAID CAN I SELL ITI
KARNATAKA
i am planning to buy flat in bangalore the owner stays in us and his wife is vi
obtaining Schedule 1 details of a Charitable Trust
Tamil Nadu
Karnataka
Is it legal to buy international lottery online ?
Pita pi ker paitrik jamin ko bech rahe h .us per stay chahte h kya kre
Enrollment in Bar Council after LLM
I want to stop vehicle activity
Is giving court case threat to someone who fraud us will it make them scare ?
Maharashtra
Need information regarding legal notice and law
Sir muze aap se kuch help chahiye.
SRA property division for inherited property not happening
Building Tax approval
Domicile
What if a student take admission in two university simultaneously.
𝑴𝒚 𝒍𝒂𝒏𝒅 𝒔𝒐𝒎𝒆𝒐𝒏𝒆 𝒖𝒔𝒆 𝒇𝒐𝒓𝒄𝒆𝒇𝒖𝒍𝒍𝒚
My Late Father made nominee to his brother in saving bank account
Refund of Heavy deposit amount
Uttar Pradesh
Maharashtra
Illegal affairs
Tenant n leave n license