A wife can file DV case whilst she lived in that relationship; such application is required to be filed within a reasonable time to show that relationship would give her the cause of action to sue under the D.V. Act for the reliefs under the Act.

A wife can file DV case whilst she lived in that relationship; such application is required to be filed within a reasonable time to show that relationship would give her the cause of action to sue under the D.V. Act for the reliefs under the Act.

Sejal Dharmesh Ved vs The State of Maharashtra & Ors

Bombay HC

07/03/2013

CRIMINAL APPLICATION NO. 160 OF 2011

About/from the judgment:

A wife who lived in a domestic relationship earlier, but which ceases only because of any domestic violence can certainly file an application for such domestic violence that took place whilst she lived in that relationship. Such application is required to be filed within a reasonable time to show that relationship would give her the cause of action to sue under the D.V. Act for the reliefs under the Act.

 

A wife who has returned from the USA and consequently from the domestic relationship and lived in India for one year cannot file an application with regard to that relationship after such time. Such wife cannot be taken to be in any domestic relationship.

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