An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application under Section 12 to the Magistrate seeking one or more reliefs under the Protection of Women from Domestic Violence Act, 2005.
The above Act does not appear to be laying down any specific limitation period for filing such application. But, then, the provisions of the Limitation Act, 1963, shall be applicable to such an application seeking relief against domestic violence.
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 filing the application under the Protection of Women from Domestic Violence Act, 2005, for seeking relief against domestic violence. However, if the domestic violence of a continuing or recurring nature, then the limitation period may be considered from the last date of such recurrence.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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