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DOMESTIC VIOLENCE ACT Can complainant restore complaint in same court


10-Sep-2023 (In Divorce Law)
Magistrate has dismissed (Dismissed for Default ) complaint of complainant due to non appearance under DOMESTIC VIOLENCE ACT Can complainant restore complaint in same court ? Or she have to prefer an appeal in session court ? I am for respondent in said case..
Answers (2)

Answer #1
844 votes
Well, you can get your complaint restored by filing an Application before the same Court under certain provisions of the CPC, 1908 or you can get such complaint restored by filing an Appeal before the concerned provisions of law to get that Dismissal of DV Complaint set aside, which was set aside by passing an Ex Partee Order by the Court.
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Answer #2
948 votes
he will have to file an appeal against the order of the magistrate . it was your duty to appear before the court . you must be present before the court . now you will have to file an appeal against the order of the magistrate in the sessions court . please do remain present there
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