Pallavi (Associate) 16 September 2014

Domestic violence act

Dear Members

My case is that Domestic Violence Case is dismissed for default about 15 months back. But when a civil suit is pending in the other court and when the Respondents came forward with the dismissal for default order in DVC the Petitioner then only got knowledge about the dismissal for default Order of the DVC case which was filed by her. I would like to know the provision of Law for filing the restoring the DVC case. And where the petition has to be filed. whether Limitation applies or not.

Dwara Pallavi.

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2 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice) 16 September 2014

It is a well settled law that a criminal court has no power like the one which a civil court possesses under Order IX of the Code of Civil Procedure to restore a complaint dismissed in default.

In my opinion

1. you have to move High court with delay condonation application

2. or to file appeal with delay condonation before court of sessions

T. Kalaiselvan, Advocate (Advocate) 25 September 2014

Either prefer an appeal before the Chief Judicial magistrate court or plan to file a fresh DV case quoting the developments on the changed circumstances.