Legal Question in Family Law in India
family law
1.up to how many years after marriage , wife can file a false dowry harrasement case please?
2.can she file even after living separately for more than one year?
4 Answers from Attorneys
Re: family law
any time but serious offence can be upto 7 years. Yes
Re: family law
there is no limited time for filing a dowry harrasment case
Re: family law
Last question first : Yes, she can file a case after living separate for more than one year.
First question : A case for 'dowry harrasment' can be filed by a woman anytime after marriage. If it is filed within seven years of marriage, there is a presumption of truth attached to her statement and the husband is to prove his innocence. However, if the case is filed after 7 years of marriage, she/prosecution will need to prove her case.
You cannot determine if the case she filed is "false" or true; that will depend upon final orders passed by the court. At this stage, it is a "case" against you which you need to defend.
You should take the matter seriously and try to reach an amicable settlement at the earliest.
Re: family law
matrimonial offences are continuing in nature and there cannot be any time limit for them. even after 20 years of staying together, the wife can file the petition. in case of 498A there is limitation of 3 years i.e after living separately for 3 years, the wife is not eligible to file the dowry harassment case but this delay may be condoned by the magistrate...