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Supreme Court of India 2022-04-13 allowed

Kamatchi vs Lakshmi Narayanan

Bench: 2 — Uday Umesh Lalit

In Brief

A married woman sought protection under the Domestic Violence Act after being subjected to domestic violence spanning from 2007 onwards. The High Court quashed proceedings against her husband on the ground that her application was barred by limitation, arguing it should have been filed within one year. The Supreme Court allowed her appeal, holding that the limitation period under Section 468 CrPC does not apply to applications filed under Section 12 of the Domestic Violence Act. The Court clarified that an offence under the Act arises only upon breach of an order passed under Section 12, not from the date of domestic violence itself. Therefore, no limitation period applies to the filing of the application.

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Domestic Violence Criminal Procedure Limitation Statutory Interpretation Constitutional Law Women's Rights

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