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Refilling of Domestic Violence case


10-Mar-2026 (In Divorce Law)
My wife filled a DV case in Mumbai CMM court and after 8 months while my say was pending she withdrawn the same case voluntarily without taking liberty to file a fresh. After two months I came to know that she again filled a fresh DV case in different CMM court not only me but my other family members as well not in locus. Notice was yet to be served. First time - while postman came to my house i was not available at home. Her advocate prayed court to reissue same notice to me. Please advise
Answers (1)

Answer #1
900 votes
Refiling of a Domestic Violence case in India is possible in certain circumstances under the Protection of Women from Domestic Violence Act, 2005. 1. When refiling is allowed A domestic violence case can generally be refiled if: The earlier case was dismissed for default / non-appearance. The complaint was withdrawn earlier. The case was rejected due to technical defects (wrong documents, jurisdiction, etc.). There are fresh incidents of domestic violence after the previous case.
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