Recently, the Borivali Court magistrate declined to grant relief to a woman under the Protection of Women from Domestic Violence (DV) Act, citing the untimely filing of her plea 32 years after her separation from her husband.
According to reports, the woman was allegedly ousted from her matrimonial home in May 1989, merely two years into her second marriage. Claiming fraudulent acquisition of property by her husband and in-laws, she asserted her rights to the property.
The court noted that the plea was filed in 2021, more than three decades after the cessation of shared household living. It concluded that the allegations of domestic violence were significantly remote in time, thereby questioning the grounds for legal intervention.
The woman argued that there is no specified limitation period for seeking relief under the Act. However, the court underscored that the absence of a defined timeframe does not warrant litigating at one’s discretion indefinitely. It reasoned that such flexibility would perpetuate endless legal disputes.
Consequently, the magistrate dismissed her plea, highlighting that it was not instituted within a reasonable timeframe. This decision underscores the importance of timely legal recourse in addressing domestic disputes under the DV Act.
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