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Diya (Student)     17 December 2023

Dv case liberty to file

Wife had filed for dv act in her parental place after getting deserted from husband. She has clear evidence for each and every statement provided.. She is staying in Bangalore and staying in her relatives house for her work purpose. It's been 1year. She has submitted her evidence and her cross examination is completed. Since she cannot travel all the time from Bangalore as it is hampering her work and now she is having some health issue, she tried transferring the case to Bangalore but it costed too much which she couldn't afford for me. So she filed for withdrawal memo in the court asking for liberty to file again. But wife did not call out her health issue. As she feels bad calling out infront of every known people. Opposite side advocate have filed for objection stating wife shouldn't be given Liberty to file again. If the district court doesn't give Liberty to file dv case again in the orders. Can wife file dv case again in Bangalore.



Quick Summary
A wife filed a Domestic Violence (DV) case in her parental jurisdiction after desertion. She wishes to transfer the case to Bangalore where she now resides due to work and health issues, but the transfer costs are prohibitive. She has filed a memo to withdraw the current case seeking liberty to file anew. The opposing counsel objects to granting this liberty. The discussion explores whether a new DV case can be filed in Bangalore if liberty is denied, given DV is a continuous offence, and whether this situation warrants a High Court challenge or direct filing in family court.

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     17 December 2023

Domestic violence  is continuous offence, hence she can file a fresh case again in Bangalore even if she has not been granted to file a fresh applicaiton at a later stage.

 

Diya (Student)     18 December 2023

Should this be challenged in high court or can the dv case be filed Directly in family court 


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