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Domestic violence-Discharge petition
16-May-2023 (In Divorce Law)
Can respondent file discharge petition in Domestic violence case in Magistrate court during counter pending stage as well as when there is a Civil revision petition filed by respondent pending before High court in DV case.
I think you had already posed this question partially. However, the respondent is prohibited from approaching different forums at the same time for the same relief. And it will amount to suppression of information in one forum regarding pendency of application for the same relief in the other.
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Dr. S. Diraviam Dinesh
Chennai | 500+ Answers
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discharge petition can only be filled before the high court. the dv is criminal proceedings it is not civil. so criminal revision is only possible. for discharge you have to file another criminal original petition.
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Adv. Murali Krishnan Sanjeevi
Chennai | 500+ Answers
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Hi Domestic Violence Act is a special act. You cannot file discharge petition in domestic violence proceeding. Is the enquiry report of Protection Officer sent to the court? What for the Revision is filed in High Court? How many respondents? What are the Prayers made by the lady in the case? See.. these are few basic details that you have to provide me for guiding you in the right direction. Please feel free to contact me for a consultation to have a better understanding about the chances for you to win the case in your favor. Good luck
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Adv. Sugumar Muralidharan
Tirunelveli | 100+ Answers
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