Legal Question in Family Law in India
dear sir/mam,
14 years back i have taken divorce from my ex-wife and we are not in domestic relationship with each other they are living in another city so in this situation can she put a dv act against me ?
2 Answers from Attorneys
Earlier the time limit for filing a DV case was unclear. The Supreme Court has stated in this regard that there is a time limit of 1 year for filing DV case. If it is filed after a period of one year, you may approach the Court to dismiss them on the grounds of non-maintainability.
The Delhi High Court has held that the domestic relationship between the aggrieved person and the respondent/s must be present(i.e current) and alive at the time when complaint under Domestic Violence Act is filed and if this relationship is not alive on the date when complaint is filed, the domestic relationship cannot be said to be there.
Since the two of you no longer share a domestic relationship, she cannot file a DV case against you. In case she files, you can approach the Court to have it quashed since it was filed after the time limit period and on frivolous, meritless grounds.
You may take the help of an expert to assist you with the whole case. You can call me at 09555 507 507 or send me a mail at [email protected]
-Regards
Advocate Pooja
www.lawkonect.com
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