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In a significant ruling that will help many women who are victims of domestic violence, the Delhi High Court Monday said the case can be filed any time if the action has happened. 

Justice V.K. Jain, setting aside the order of the trial court on the basis that the legislation came in 2006 and the complainant suffered domestic violence in 2005, said: “This approach will give a message of discrimination.”

“The petition under the Domestic Violence Act is maintainable,” the court said.

The court was hearing an appeal by a woman who sought maintenance and accommodation under the Domestic Violence Act but whose petition was earlie rejected by the trial court.

Hearing the appeal, the high court observed, “It is a historical reality that women in our society have been subjected to discrimination, misbehaviour and ill-treatment, not only inside their house but also outside.”

The court expressed unhappiness over the fact that besides the act, relief is yet to be seen for women and they are still suffering at large.

“If the court takes the interpretation that a petition under the Domestic Violence Act cannot be filed by a woman unless she was living with the respondent on the date the act came into force or thereafter, it would amount to giving a discriminatory treatment to the woman.”

“Any discriminatory action towards women would be violative of their constitutional rights,” the court said while directing the trial court to consider the petition of the woman and dispose it of within 15 days.

One Response to “Domestic violence case can be filed any time, rules court”

  1. Mohammad Ibrahim Gazi

    My father on discussion with my wife and my younger brother Rizwan took me to Psycatrist at Latur to Prove that I am Mad. But I told the Doctor that I was Forced and I respect the words of my father and I came here as a huming being to you but as a patient to my father.
    I am ok. I recited the whole story to him. He too agreed to me and told my father that what he has not thought that thing happened to him from the source(Wife) which he haven’t thought of it.

    For the sake of Humanity Help me.
    For the sake of God Help me.
    From 2004 till this date I am badly torchered by her and her relatives.

    My father doesn’t love me from the age of 10.
    I had been working in Mumbai at the age of 20yr as a Customer Support Engineer for Akruti Font at Aces technologies, Crawford Market, Mumbai.
    I am sending my updated CV and my Photo (4 months back).
    When the incident of beating happened with me. I went in Jamaat(Where we people used to remain in mosque, never goes out and pray 5 times prayer and do homework for the sake of benefit for all the creatures(18000) we perform duaa. I came from Jammat on 6.7.2010.
    Now I am in beard.

    Help me, Help Me, Help Me.
    If they give me my money back or if they register my name in Registry, it’s ok.
    My main aim to open the fraud they did and to let them realize their mistakes in front of all the people so that they will not repeat such things in future.

    Better you do Better you die.
    I am ready for the punishment also if I am 1% wrong.
    But I need this matter to be opened and let them feel their guity/crime they did in front of all others, so that they would be shameful for what they did.
    But my observation is that they are very much cruel and greedy persons.
    I don’t have any documents as a proof that’s why I didn’t go to Court. I know that Court will ask. They have my all the documents (Bank Proof), Withdrawl amount of 40000 at 2004 from Osmanabad.
    and Esaarpavti by her name first and my name later.(Original one).
    I had given the original to her father in the year 2007 and he told that Instead of Original documents He will give me 50000/- Rs.
    But he didn’t.
    When I and my wife went to see and inquire about the Plot I found that It has been registered or someone in the owner.
    Since 2007 I am telling my wife to do registry or call me for the signature for the registry of Plot. But none paid any heed.
    After a long quareel from 2004 onwards she gave the payment when i was not there(Preplanned) to my father, and there she signed the bond in Nov. 1st 2009. From that day onwards I am just asking her to show for what she signed. I didn’t ask for the money for the plot (It’s 3 lacs in today’s date with registry), I asked for her to show what’s written in the bond. she is refusing till this date.


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