The limitation period of filing an application u/s 12 of the Domestic Violence Act
The limitation period for submitting an application to seek redress in cases of domestic abuse committed by the husband or in-laws is one year under section 12 of the Domestic Violence Act.
After eleven years of marriage, a wife filed an application against her husband under section 12 of the Domestic Violence Act in 2018. The wife demanded justice and requested that her husband and in-laws be prosecuted under sections 17 and 18 of the Domestic Violence Act.
On the other hand, the spouse and in-laws filed a petition in the High Court to have her complaint dismissed under section 482 of the Cr.P.C. The High Court upheld the plea and quashed the wife's claim, stating that the application should have been filed within a year of the occurrence.
The wife subsequently appealed the High Court's decision to the Supreme Court of India. The Supreme Court considered all sides of the case and overturned the lower court's verdict.
According to the Apex Court, any violation of an order issued under section 12 of the DV Act is punishable under section 31 of the Act. Section 468 of the Criminal Code imposes a time limit on such offences.
However, if there is no offence committed, there will be no limitations imposed under Section 12 of the Domestic Violence Act.
The Karnataka high court bench stated the same thing in the case of Sri Puttaraju v. Smt. Shiva Kumari. According to the court, section 468 of the Cr.P.C. is not applicable if the application is not included by the word ‘Offence’ under section 12 of the DV Act.
As a result, we can conclude that an application filed under Section 12 of the Domestic Violence Act can be considered even after the statute of limitations has passed.