Is any limitation period applicable on Domestic Violence application?

Tilak Marg Forum for Legal Questions Forums Family Law Is any limitation period applicable on Domestic Violence application?

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    • #664
      Anonymous
      Guest

      Is there any limitation period applicable on the application to be filed under the provisions of the Protection of Women from Domestic Violence Act, 2005?

    • #665

      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.

           


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    • #1069

      Resp sir
      Daughter in law forcefully dispossessed mother in law from d house.house is in d name of mother in law.Police not took action against dtr.in law hence mother in law approached court filed civil suit for possession + declaration 6 years lapsed after that mother in law also filed DV case seeking monetary relief+ monthly compensation till DV case disposal. Mother in law acquitted by 498-A case & no appeal. Qstn is DV act case is sustainable ?(bcs if cause of action 6 year back ),DV act rules states if any suit pending on one issue same to be basis for DV case,no possession claimed in DV case.pl

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