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Can anyone file Domestic Violence case 2nd time after mutual divorce


24-Jul-2023 (In Criminal Law)
My friend is a Hindu by religion and married another Hindu lady in 2014. Both are in Govt. service. They got married by the special marriage act in the year 2014. My friend's wife filed a case of Domestic violence (under section 23) against him seeking alimony in the year 2015. After 2 years of legal battle, she realized that she can’t get any alimony since she is a Govt. servant and finally the case was disposed of as Uncontested – DISMISSED IN DEFAULT. Recently, both of them have filed a joint petition for mutual divorce under section 28. Now, my question is that whether she can file the same case of Domestic violence against him again after mutual divorce to the separate court i.e., to the court under which my friend’s residential area comes under coverage? She filed a domestic violence case initially to the court under which her residential area comes under coverage and these two courts are separate.
Answers (1)

Answer #1
907 votes
Yes she can file the same and You have to defend the said case and disclose all the papers for mutual divorce and previous domestic violence case before the court. In my opinion after the hearing the court will reject the said case. You have not disclose is the mutual divorce has decreed or not. If not, then I have doubt about the decree of the case.
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