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lalitkumar bhandari (advocate)     02 September 2014

Dv complaint filed without permission of court

Earlier wife filed complaint under Domestic Violence Act which was withdrawn by her  after 6 months.She filed application for withdrawal of the said complaint with liberty to file fresh complaint on same ground/cause of action.The Court allowed the said application and passed the following order.

Application is allowed the complaint is withdrawn

Now the wife has filed 2nd DV complaint on the same ground.

My query is whether the said complaint is maintainable ?as there is no permission from the court

Whether the earlier order is ambigous? as there is no specific order passed by the court in respect of liberty to file fresh complaint.

can i file the application for non-maitainability of the complaint?if yes is any judgments



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