Time limit for filing application under Domestic violence Act

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.
6. 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.  The order of the learned Judge is, therefore,
correct.
Bombay High Court

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 160 OF 2011 
Sejal Dharmesh Ved ..  Applicant
Vs.
The State of Maharashtra & Ors. ..  Respondents

CORAM :  MRS. ROSHAN DALVI, J.
DATE :  7
th MARCH, 2013.



1. The   applicant­wife   has   challenged   the   order   of   the   Court   of
Sessions at Greater Bombay dated 27.10.2010 holding  that her  application
under the Prevention of Women from Domestic Violence Act, 2005 (D.V Act) is
not maintainable because she was not in any domestic relationship.
2. The   applicant   married   on   04.05.1999.     She   lived   with   her
husband in the US.  There are two issues from the marriage.  She returned to
India on 11.02.2009.  
3. She filed her application under the D.V Act on 18.01.2010.
4. The learned Judge has considered that under these circumstances,
she having come to India in February, 2009 and having filed this application in
January, 2010, there was no domestic relationship between the parties.  The
learned  Judge   has  considered  the  definition   of  domestic  relationship.    Of
course, that relationship is defined to be one of which the party then lived and
had earlier lived.  That would be during the subsistence of the union between
them.  The application under the D. V. Act could be filed, when the marriage

union subsisted.  That having came to an an end and long after the physical
relationship came to be an end, she having returned to India, she cannot be
taken to be living in any domestic relationship in India.
5. 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.
6. 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.  The order of the learned Judge is, therefore,
correct.    The writ  petition is  completely  devoid  of merits  and  accordingly
dismissed.
(ROSHAN DALVI, J.)

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