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educare (as)     20 February 2014

Dv quash

Dear all,

I want to know can DV be quashed if husband on the grounds that he  had got exparte RCR decree. if so is there any judgement



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 6 Replies

fighting back (exec)     20 February 2014

in my opinion..no........but it will indeed give you a strong point to argue....your wife can always argue that i am not ready to stay with him despite he getting the RCR decree because he has harrassed me to no extent. so the ground that you are taking is a bit weak....but you can give it a try. depends on how your lawyer argues the case....and finally in the hands of the 'lordship'

abhijeet (Executive)     21 February 2014

Dear Educare, with due respects to the reply provided by Mr. fighting back, I opine that RCR would be just a waste of time, energy and money.

sherwill (asst. manager)     21 February 2014

Dear Friends ,
I have case of my friend of DV Act.
1) Interim maintence was granted in Sept 2013.
2) He filled for quashing of DV case against him in High Court bases on contents of DV complaint doesn't constitute DV case.

Will it be better to pursue for quashing of DV case in High Court , but as per I know HC are very reluncatnt to quash case when trial is pending at Magistrate Court.

Or 
Withdraw DV Quashing petition and apply for stay on interim maintenance till final outcome of trial as wife is continuously absent at Magistrate Court. 

Pls guide friends................

Biswanath Roy (Advocate)     21 February 2014

Judiciary cannot be regulated as to your whims and sweet will. DV case has no relation of any kind with your RCR case and its decision.

T. Kalaiselvan, Advocate (Advocate)     21 February 2014

@educare: just because you obtained RCR that too an exparte decree, do you think that court will consider that you have not committed any domestic violence against her?, in fact the court will seriously think about it now only because she, out of fear of you, has not turned up to the court for the RCR case, so better give up the idea of going for quashing the case before the high court, instead fight it in the lower court very strongly and confidently if you feel that you are really innocent of the offences.

 

@sherwill:  If you feel and believe that high court will be reluctant to allow the petition for quashing the DV, you may withdraw th same and go behind the stay for interim maintenance as you decided about. You have rightly thought that generally the high court do not interfere in the DV matters.

1 Like

ANAMIKA VICHARE (LAWYER)     01 March 2014

I agree with Figting Back and Abhijit in RCR-DV matter


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