Restoration of domestic violance act (dvc) complaint
sajed
(Querist) 24 November 2011
This query is : Resolved
Magistrate has dismmised (Dismissed for Default ) complaint of complainant due to non appearance under DOMESTIC VIOLENCE ACT (D.V.C).Can complainant
restore complaint in same court ? or she have to prefer an appeal in session court ? iam for respondent in said case .
Devajyoti Barman
(Expert) 24 November 2011
The complainant can file another case afresh.
She can prefer appeal as well.
Restoration is generally not allowed.
Rajeev Kumar
(Expert) 24 November 2011
I too agree with Barman
Shonee Kapoor
(Expert) 25 November 2011
I have little reason to disagree, if there are compelling reasons, restoration can be done.
Of course she can file a fresh DV. But that would require new incidents.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 25 November 2011
I do agree with Kapoor. Complaint is not filed under DV Act rather it is an application under section 12 of Act which can be get restored. The implementation of this act is like a civil matter or say semi civil matter so go for restoration instead of filing fresh application and restart summoning process.
Advocate. Arunagiri
(Expert) 25 November 2011
I am also have the similar of opinion of Mr.Makkad.
Sailesh Kumar Shah
(Expert) 26 November 2011
I too agree with expressed opinion of Mr.Makkad.
Devajyoti Barman
(Expert) 26 November 2011
Even on the old incident a fresh DV can be filed.
