LAW FOR ALL

PATNA HIGH COURT= Limitation for filing DV Act - the maximum punishment provided under the D.V. Act is for a term which may extend to one year. Hence, the Court would be debarred from taking cognizance after one year. Evidently, the complaint has been filed in the present case after the expiry of the period of limitation. In this regard, the petitioner has rightly placed reliance on the ratio laid down by the Apex Court in Inderjit Singh Grewal (supra) wherein it has been held that the complaint under the D.V. Act could be filed only within a period of one year from the date of incident in view of the provisions of Sections 28 and 32 of the D.V. Act.; the complaint under the D.V. Act by the ex-wife after divorce was not maintainable in law.=the application filed by the petitioner under Section 13(1)(a) of the Hindu Marriage Act, 1955 for dissolution of the marriage between him and the opposite party no.2 held on 14.02.2013 was allowed by the learned Senior Civil Judge at Sangareddy, Andhra Pradesh on 27.02.2015 whereas the complaint under the D.V. Act was filed after more than four months of passing of the decree of divorce on 10.07.2015.