Woman’s Domestic Violence Plea Rejected by Borivali Court After 32 Years
The Borivali Court recently dismissed a woman’s plea under the Protection of Women from Domestic Violence (DV) Act, citing an unreasonable delay of 32 years since her domestic relationship with her husband ended.
The case stems from an incident in May 1989 when the woman, in her second marriage, claimed she was driven out of her matrimonial home. She alleged that her husband and in-laws had fraudulently taken possession of her late husband’s property and denied her rightful share.
Court’s Observations
The magistrate noted that the woman filed her plea in 2021, more than three decades after she left her matrimonial home. The court stated that the two parties had not lived in a shared household since 1989, making the allegations of domestic violence “absolutely remote in time.”
The woman argued that there is no statute of limitations under the DV Act for filing such cases. However, the court clarified that while no specific limitation period exists, this does not mean a case can be filed at any time without reasonable justification. It emphasized that allowing such delayed litigation would create endless legal disputes.
Court’s Decision
After considering the facts, the court held that the plea was not filed within a reasonable period and dismissed the case. The magistrate stated that the lack of a prescribed limitation period should not be misinterpreted as freedom to file cases at any time.
This judgment underscores the importance of timely legal action and the need to address disputes within a reasonable timeframe to ensure fairness and closure for all parties involved.
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