The Borivali Magistrate Court recently refused to grant relief to a woman under the Protection of Women from Domestic Violence (DV) Act, as she filed the case 32 years after her domestic relationship ended. The court stated that a woman cannot take legal action based on her personal will at any time, especially after such a long delay.
The woman was reportedly forced out of her matrimonial home in May 1989, just two years after her marriage. It was her second marriage. In her complaint, she accused her husband and in-laws of fraudulently taking property that belonged to her late husband and his family. She claimed she had a right to the property.
However, the court noted that her petition was filed only in 2021, which is over three decades later. Since both parties had not lived together in a shared household since 1989, the court said the domestic violence allegations were too old to be considered.
The woman argued that the DV Act does not set a time limit for filing such cases. But the court clarified that absence of a fixed time limit does not give someone the freedom to sue anytime without reason. If this were allowed, it said, there would be no end to such cases.
The court concluded that the woman did not file the case within a reasonable time and dismissed her plea.
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