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Divige Tyagi   20 June 2026

Restoration or freah suit of domeatic violence

My query is that if a case of Domestic Violence filed by a wife against in-laws is dismissed in default at initial stage.

What is more suitable and preferable? 

1. To file a restoration application. 

2. To file a fresh suit without cahnging the facts of the case. 

 



 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 June 2026

File a Restoration Application promptly: Draft the application detailing the specific, genuine reason for non-appearance on the day of default (e.g., medical reasons, tracking error in the cause list).Accompany it with an Affidavit: Support the application with an affidavit from the aggrieved wife. Act quickly: While there isn't a rigid criminal limitation, acting within 30 days of the dismissal order heavily favors a smooth restoration.

Dr. J C Vashista (Advocate )     23 June 2026

Generally complaint filed by an aggrieved person under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is tried under the provisions of Criminal Procedure Code, 1973 (now BNSS.2023), however, the court has discretion to adopt any other procedure. 

There is no such provision in criminal jurisprudence to restore a complaint which has been dismissed in default. 

 

T. Kalaiselvan, Advocate (Advocate)     23 June 2026

You can file a petition for restoration of the case because it is quasi civil in nature.

P. Venu (Advocate)     23 June 2026

Another action could be initiated if there is a fresh cause of action.


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