DV ACT 2005   |   IPC 498A   |   Maintenance

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DV Act 2005
HC of U.P.


Criminal Miscellaneous No 41318 of 2016J. Ashwini Kumar SinghSantosh Kumar vs State of BiharDV ACT 2005

CrPC 468 is Applicable on DV Act so Limitation Period to file DV case is one year from last incident

1) In view of the discussions made above, as I have Patna High Court Cr.Misc. No.41318 of 2016 dt.-06-10-2017 already concurred with the view taken by the Punjab and Haryana High Court in Amit Agarwal (supra), the complaint under the D.V. Act by the ex-wife after divorce was not maintainable in law.

2) Thus, I am of the opinion that the entire proceeding of the D.V. Case No. 110 of 2015 is an abuse of the process of the Court. Accordingly, the complaint and the entire proceeding of the aforesaid case including the impugned order dated 22.07.2016 passed by the learned Judicial Magistrate, Patna are hereby quashed.