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RAJU............ (Business)     18 November 2013

Separated from husband

Dear all,

Here in a case wherein wife is separated from her husband since 1.5 years and earlier she filed a domestic Violence against her husband ,in a day itself she withdrawn the case against husband .My question is what now wife should legally and also husband can do legally.(please reply with other than than restitution of conjugal rights).



Learning

 5 Replies


(Guest)

As case is withdrawn.  I would advise both of them to book a honeymoon suite in the bahamas and keep banging each other till no end.

1 Like

Deeply Hurt (PM)     18 November 2013

^^^

;):D:P


HAHAHAA..... cant stop laughing!!! Ultimate answer!!!

1 Like

Bechara Pati (Propritor)     19 November 2013

hahaha nice  Helping hand keep it up...

Reformist !!! (Other)     20 November 2013

Hahaha, helping Hand.....satirical view :P

Or Book a Honeymoon to Zambia and leave her there in Jungle ........Lol

1 Like

Adv. Rajiv (Advocate)     25 November 2013

Order 23, Rule l (1) of Code of Civil Procedure gives the plaintiff the liberty to withdraw from a suit unconditionally on finding it unsustainable, or for any other reason. Order 23, Rule l (2), C. P. C. contemplates a withdrawal from the suit with liberty to bring a fresh suit. Here you must ask for leave & must make out a case within Clause (a) or (b), the Court has no jurisdiction to allow such withdrawal with liberty unless the suit must fail by reason of some formal defect, under Clause (a) or unless there are "other sufficient grounds" for allowing the pltf, to institute a fresh suit regarding the same subject-matter under Clause (b).

There are plethora of cases wherein the Court has allowed withdrawal of certain suits and cases with a liberty to file fresh case. But, that will depend upon the facts of the case. So, if the Court has permitted the withdrawal of a case with a liberty to file fresh case. Then, in such a case the wife is certainly entitled to file a fresh case. Also, in addition to this if there is new cause of action, and as the case is, domestic violence results in mental agony which is treated as a continuing offence, the court considers the case as that with a new cause of action if the domestic violence doesn’t cease. So, in such a scenario the wife may file a new case for domestic violence if the same hasn’t yet stopped.

Regards,

Adv. Rajiv Malhotra

www.lawkonect.com


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