DV Case Abuse
2 years ago
In a case on DV submitted during the year 2018, a petitioner was complaining that the respondents had been beaten the petitioner during the year 2010, 2011 and 2012. I am aware that the petitioner had made the story on the petition with lies.
However, I am seeking legal suggestion and the law on her stand. Is it applicable in the law without mentioning the dates (just saying between the year 2010 to 2012) the respondents beaten her)?
Will the complaint with untrue after 7 years are valid in the eyes of law?
Article 137 in the Schedule to the Limitation Act lays down the period of limitation for filing any other application for which no period of limitation is provided elsewhere is three years from the date when the right to apply accrues. Therefore, the limitation period should be 3 years for filing the application under the Protection of women from Domestic Violence Act, 2005, for seeking relief against domestic violence. However, if the domestic violence is of continuing or recurring nature, then the limitation period may be considered from the last date of such recurrence.
Hope this clarifies your query and requirement.
Thank you.
A.Dear Sir,
There is a limitation to file DV case within one year of such alleged incidents. The above narration goes to show that incidents happened at future date as such you may approach High Court and get it quashed.
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