Case quashed. No appeal made. Can the case be called for re hearing?
My 498a case was quashed in Dec 2012 by the High Court. There was no appeal filed in supreme court by them, but in Oct 2013, a Civil Defamation was filed from my brother's side. Now my brother's wife has filed an application for re-hearing in the same High Court.
My question: 1. Is it admissible in the same court? 2. Can I approach the Supreme Court? 3) I received a notice. What can I do as they are giving tension to my family by filing useless application.
Answer
This advice is purely on the presumption that your 498a case was quashed in Dec 2012 by the High Court in some settlement, and your brother was a party to the same. It is not clear why your brother has filed the Oct 2013 civil defamation.
It may be noted here that the application for re-hearing in the same high court is a repercussion to the same and / or in violation of the same settlement. At this stage, you may raise objections to said notice before immediately rushing to the Supreme Court. You can file contempt petition if the need be.
The High Court has ample powers under writ jurisdiction and other provisions for parties for redressal.
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