Del HC | Section 498-A IPC is continuing offence; wife not barred to claim maintenance under DV Act even after 3 years

Delhi High Court: A Single Judge Bench comprising of Mukta Gupta, J. dismissed a criminal writ petition filed by the husband praying quashing of FIR under Section 498-A IPC and complaint under Section 12 of Protection of Women from Domestic Violence Act, 2005 (DV Act).

The grounds for seeking quashing of the FIR and the complaint was that they were registered to wreak vengeance and were beyond the period of limitation as the parties separated in 2014. It is pertinent to note that the wife had filed a complaint before CAW Cell in 2015 where a settlement was arrived at between the parties at pre-litigation mediation. However, it was not fully acted upon and even after an application the earlier complaint could not be revived. Thus, the filed fresh complaint in 2018.

The High Court was of the view that the FIR was within the period of limitation. Relying on Vanka Radhamanohari v. Vanka Venkata Reddy, (1993) 3 SCC 4 and Asha Ahuja v. Rajesh Ahuja, 2003 SCC OnLine Del 316, the Court held that Section 468 CrPC which deals with “bar to taking cognizance after lapse of period of limitation” is to be read with Section 473 which provides for “extension of period of limitation in certain cases”. Further relying on Arun Vyas v. Anita Vyas, (1999) 4 SCC 690, it was held that is a continuing offence and each occasion of “cruelty” is a new starting point of limitation. As far as a complaint under Section 12 DV Act is concerned, it was noted that it related to the grant of maintenance for the wife and minor child. It was held that “not providing maintenance is a continuous cause of action and even if for three years the wife did not claim maintenance for herself or for the child, the same would not debar her from seeking maintenance under Section 12 DV Act and the complaint thereon cannot be dismissed being barred by limitation”. In such view of the matter, the petition was dismissed. [Anthony Jose v. State (NCT of Delhi), 2018 SCC OnLine Del 12956, decided on 05-12-2018]

8 comments

  • We know very well about this Bahu law. Just ask about the parents how much help, maintenance and by which sections they get the help? It’s absolutely right. Actually, we know very well that women are not able to take care of themselves. Because old people are quite strong and they are the week. The same as judges mind. Brother, you must say Lord to them. Because it depends on their mood and if their mood is good might be possible that they can think that ok you are a human being but if the mood is not good then you will not stand anywhere . So I request kindly just live like a slave, act like a king and die like a patriot. But for your Parents not for the person who is young woman does not even know what she has to do and what not. Our parents who are old and do not have enough breathing and money they must be thrown out of their own house even if they do not have a place to go anywhere. Or best choice to send them to jail so that they can die there in the jail but only one thing you have to take care of it that you have to burn them with your own money. Government will not pay for it. Because when the daughter In Law is happy then her father is not alive. But when daughter In Law is not happy her father comes and stands beside her. So you can very well understand that Daughter In law having her father’s home to go but still has no place to live and go. But you and your parents who don’t have any home to go and live you and your parents can rest in Jail. It doesn’t matter whether you are right or wrong.

  • Govt made DV act for protection of women . Why not men protection act ??? . Whereas on my observation /opinion that more Indian families being broken by women’s violence & cruality . All Indian citizen have equal rights & duty as per our Constitution . Gender proectection laws itself a terrorism .

  • Claiming the metenanc by wife from husband is legal terrorism . Supported by advocates . Advocates have no job . They are also misguiding women to laws cases and braking the Indian families . It is open secret business of advocates and support to legal terrorism . Please stop legal terrorism .

  • It is helpful for knowing of new decisions of apex court’s..

  • A woman is always innocent until proven guilty, and a man is always guilty until proven innocent…

  • Women are not to seat and eat
    Every citizen has duty/ right to work . Other wise she Will be ill . It is for good health of women to work . Court should not allow any mentainace to women who laws fir/case against husband / in-laws . She serves own parents , asking mentainace from husband is quite illigal /cruality .

  • More family disturbance in India is only due to women’s protection laws . If government delete the laws , Indian families be seved from broken . Women are equally getting the rights by govt . They are not to sit and eat . Why the mentainace ???

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