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Matter compromised if violence repeats again then what action to take
12-Jan-2023 (In Divorce Law)
my daughter being a victim of domestic violence, filed FIR against her husband and three other family members. Case came in mediation centre, husband and my daughter signed compromise paper. Kindly guide me if still case would go to court for approval and if husband repeats his violence what would be remedy to my daughter ?
Hi. Yes you can approach the Court or the nearest police station for filing of a separate FIR. Any compromise entered into by you does not stop you from filing additional FIR. Make sure that the said compliant is rightly drafted so that the opposite party does not have a chance to say that you have already settled the matter.
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Adv. Yashpreet Singh Saini
Delhi | 25+ Answers
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Hi
The compromise puts an end to anydispute pending in respect of which compromise has been entered into.
However if the husband again resorts to violence the compromise will not come in the way of filing a fresh complaint as the act of the husband will give rise to a fresh cause of action in favour of your daughter.
The compromise puts an end to anydispute pending in respect of which compromise has been entered into.
However if the husband again resorts to violence the compromise will not come in the way of filing a fresh complaint as the act of the husband will give rise to a fresh cause of action in favour of your daughter.
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Adv. Pravin Sharma
Delhi | 100+ Answers
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Fresh cause of action has fresh right alongwith fresh remedy in it. In mutual agreement executed at mediation cell certainly there will be covenent to each other. If any party breached the terms of agreement that will give raise to fresh cause of action i.e. If the husband causes cruelty at any stage later to execution of mutual consent agreement the victim can certainly invoke appropriate provision of law under which the offence was committed, in addition to that he/she is also entitled for legal action for breach of contract. so don't worry law will takecare of every thing, but proceed in matter with positive approach of peace and joy.
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Adv. Rohini Kumar
Delhi | 100+ Answers
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