15 yrs after separation, wife files case, HC says too late

Last Updated: Tuesday, August 10, 2010 - 21:19

New Delhi: The Delhi High Court today
rejected the complaint of a woman who is living separately
from her husband for the last 15 years and sought action
against him for alleged torture, saying her plea has come too
late.

The court said cognisance of such an offence could be
taken within three years after it was committed and directed
the police to quash the criminal case filed against the
husband.

"Under Section 468 of CrPC (Criminal Procedure Code), the
cognizance of an offence where the maximum sentence of
imprisonment is up to three years, can be taken within three
years. Under Section 498A (cruelty) of IPC, maximum sentence
is up to three years imprisonment. Thus, cognizance of the
offences against petitioner cannot be taken by the Court,"
Justice S N Dhingra said.

Sudhir Kumar got married in the 1984 but he separated
from his wife in 1992 and the wife filed a divorce petition
against him in 1996.

The wife then lodged an FIR against Kumar 15 years
thereafter saying she was subjected to violence and cruelty
during the period she was living with her husband.

"The FIR lodged against the husband in respect of
offences committed in 1992 or prior to that is barred by
time limitation. I, therefore, allow the present petition and
hereby quash the FIR," the court said.

PTI



First Published: Tuesday, August 10, 2010 - 21:19
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