Refiling of DV after its dismissal

[anil kumar]

I married in 2003. My engr. wife deserted house in 2007 with my 3 year son. She filed DV for maint. in 2008. After her cross it was clear to the trial court that DV is not est. At this point she and her lawyer were absent for the hearings and case was dismissed in 2016. She has also filed 498a, CrPC 125 and divorce cases in 2013-14. I am ready to cohabit with her. Now she has filed another DV case in different trial court (same district)making my father also as a co-accused. What should I do ?

[Dr. Ashok Dhamija]

Once a case has been filed against you, there is no option but to defend the case. You can try to reach at a compromise with your wife, but if she is adamant to continue the case in the court, you’ll have to defend the same.

Secondly, it perhaps appears from your question that you want to ask whether she can file a second domestic violence (DV) case after her first case was dismissed. Well, it depends on the facts of the case. If the second case has been filed on the basis of fresh facts or a new cause of action, then it is possible to file the second case.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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