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Protection of Women from Domestic Violence Act, 2005; -- Whether limitation in filing the complaint under the DV Act, 2005 is one year – Held: In case of subsisting relatiohship of husband and wife, there is no limitation. Meaning thereby that the complaint under the D.V. Act, can be filed at any time as the physcical and mental harassment within the family is a continuing offence.
Protection of Women from Domestic Violence Act, 2005; -- Whether complaint under D.V.Act, is maintainable where a case under Section 498-A of the Indian Penal Code is already pending? – Held: It is held that both proceedings are of different nature and can be filed separately. In this case the proceedings under the D.V Act, can continue on the same set of facts of a case under Section 406, 498-A IPC.
