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Domestic violence filed in 2009 than withdrawn and again filed in 2012
02-Aug-2023 (In Family Law)
domestic voilence filed in2009 ....withdrawn on 2010...again filed in 2012 ,,,can it be dismissed under resjudicata?hindu religion
Resjudicata is applicable when matter is adjudicated by a court. It is also important to understand that the petition filed in 2012 contains new facts and circumstances or it contains same events and circumstances as filed in petition in 2009. And also when the matter was withdrawn in 2010, the terms and conditions on which it was settled are also important.
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Adv. Naman Gupta
Delhi | 200+ Answers
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No, it may be filed due to fresh violence but you can defend your case stating that she has a habit of filing such cases to harass me and after entering into settlement she withdrew previous complaint now she again wants to take undue advantage from me etc.etc.
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Adv. Upma Shrivastava
Delhi | 25+ Answers
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there are too many questions that needs to be answered before your query can be answered.
1. Are you living together with your spouse?
2. was there any liberty granted at the time of withdrawing of the earlier DV case?
3. Was there any fresh domestic violence after the withdrawal of the DV case in 2010?
IF the answer to these questions are yes then it cannot be dismissed under res judicata. Further res judicata applies to civil cases only not in criminal matters. Whenever there is fresh cause of action it cannot be dismissed under res judicata.
1. Are you living together with your spouse?
2. was there any liberty granted at the time of withdrawing of the earlier DV case?
3. Was there any fresh domestic violence after the withdrawal of the DV case in 2010?
IF the answer to these questions are yes then it cannot be dismissed under res judicata. Further res judicata applies to civil cases only not in criminal matters. Whenever there is fresh cause of action it cannot be dismissed under res judicata.
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Adv. Suparna Sinha
Delhi | 25+ Answers
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