LawRato

Reinstate case against a domestic violence case


09-Jul-2025 (In Divorce Law)
A case of domestic violence being filed in WB and due to my unavailability or presence or lawyer's mistake the case become exparte. I stay in Maharashtra, now as I cannot pay the amount being asked to pay by the court can I file a case of reinstate ? Please advise if yes, can it be done from other state as well, where I am living (MH)
Answers (2)

Answer #1
924 votes
Well, you can challenge the Ex Partee Order passed by the concerned Court! I and my team of Advocates will assist you to get a favorable order from Court, we will try our best, but ultimately, it will be the Court discretion. If you are not able to pay the amount passed by the concerned Court in your DV Case, you have to challenge it before the concerned Court which passed the order. You cannot challenge such Order from Maharashtra.
Helpful? LawRato LawRato
Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRato Pune | 700+ Answers
Chat with Advocate Pankaj Bajaj Chat 
Answer #2
960 votes
You cannot directly challenge the DV order in MH courts since the jurisdiction lies with the court in WB. However u can take action in the same WB court. Under section 25(2) of the DV act or order 9 rule 13 of cpc u can file an application to set aside the ex parte order. If the order is recent within 30 days you can file Appeal under section 29 of the DV Act in the Session Court And If u r willing to settle or pay a lesser amount you can file an application for modification or reduction of the amount citing your current financial. Court may consider loss of job, Low income and dependents etc
Helpful? LawRato LawRato
Advocate Prashant Gupta

Adv. Prashant Gupta

LawRatoMumbai | 50+ Answers
Chat with Advocate Prashant Gupta Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato