15 years after separation, wife files case, Delhi HC says too late

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 that 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 SN 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.