Aug 11, 2010
NEW DELHI: The plea of a woman living separately from her husband for more than a decade, seeking action against him for alleged torture which took place 15 years ago was on Tuesday rejected by the Delhi high court, which said the plea had come too late.
The court said cognizance of such an offence could be taken within three years 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 1984 but separated from his wife in 1992 and the wife filed a divorce petition against him in 1996. As per the case, the woman moved court after about 15 years of living separately from her husband and after about 11 years of filing the divorce petition.
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,'' said Dhingra.
Earlier, filing the plea, counsel for the woman said the dowry articles given by the woman during the marriage were not given back. The court, while trashing the plea said the allegation had "no substance''. "The wife had all opportunities right from 1992 onwards to demand back her articles, if any, lying with the husband. The very fact that wife did not demand any article from the husband after 1992 till lodging of FIR shows there was no entrustment of property by wife to the husband or to his relatives,'' the court said.
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