The magistrate in Borivali has refused to grant relief to a woman under the Protection of Women from Domestic Violence (DV) Act as she approached the court 32 years after “domestic relationship” ceased with her husband. The court said the woman is not at liberty to sue the respondents as per her whims at any time.
The woman had been allegedly driven out of her matrimonial home in May 1989, two years after marriage. She claimed that her husband and in-laws had fraudulently grabbed the property of her late husband and in-laws (she was married earlier) and that she has the right in the property.
The court noted that the plea was instituted in 2021, 32 years and six months after she was driven out of the matrimonial house. It said it is clear that the two parties have not resided in a shared household since then, so the allegations of domestic violence are “absolutely remote in time”.
The woman had contended that there is no limitation period to claim relief under the Act. The court said that not having a prescribed period of limitation does not mean that she is at liberty to sue the respondents as per her whims at any time. Had it been so, there would be no end to such litigation, it pointed out. It held that her plea had not been instituted within reasonable time.
