Legal Question in Family Law in India
I got married in 2008. Right after day 1, my wife started demanding that her mother, father and brothers be accommodated in my house. I live with my mother and I am just a clerk in central govt concern. So, I made it clear that I can ill afford to maintain her family along with mine. After this, she started abusing me and my mother daily. Her abuse continued even when she is outside the house. She even once slapped me in front of passengers while travelling in a train. I filed the divorce suit in Sep 2009 and the case is still going on in family court. She filed 498A against me, my mother and my sister and brother-in-law in Oct 2010 but we got bail from High Court. She is very desperate to humiliate my family as we have not acted according to her wishes. Her parents instigates her more.
My question is can now i.e. nearly two years of living separately, she file Domestic Violence case against me and my family to harrass me? Will the law permit her to file the case so late?
4 Answers from Attorneys
Yes she can file a case under the Domestic Violence Act after 2 years of marriage as there is no law of limitation involves in it.
as two years have passed since she living apart, her domestic violence case is not strong enough and you may defend yourself by hiring a good lawyer.
In criminal cases no one can stops other. bt there are many + and _ factors which efect case. so do not worry
u need not to wory even if she files as per law she can
but as she is living apart this will strengthen your case
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