Legal Question in Criminal Law in India

My friends wife filed domestic violence case 6 years after of filing the 498a. In the past 6 years they have not stayed together. She had moved for divorce in 2004 well before the arrival of the DV act. Now what is the remedy my friend can get. Can he go for a quash as they dont leave together. How can he avoic his cruel wife.

Asked on 8/12/09, 2:31 am

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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yes, the complaint under DV act can be quashed as the complaint cannot be filed retrospectively. your friend's wife separated when the act was not notified. your friend may file a petition in high court for quashing the proceedings.

Answered on 8/12/09, 2:34 am

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Shrichand Nahar S.V.Nahar, Advocate

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He had already avoided his cruel wife, who is living separately for last 6 years.

For quashing, one need to read the allegations in the complaint and decide whether it is fit case for quashing. Principles on which a criminal case can be quashed are well settled.

Answered on 8/12/09, 5:44 am

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