You need to contest the cases or file quashing petition in high court to quash the same
We are settled outside India and my wife has moved out of my house and moved to HongKong.. now she has filed a case of DV and dowry against me.. she had already filed a case against me in the country where I live.. and it was settled in my favour.. can she file the case again? What are the consequences..
You may file a case in higher court and challenge the said case. It will be barred by res judicata but since earlier court was not an Indian court, the Indian court might entertain the complaint also.
regards
1) wife can file case of DV /dowry harassment against you in India
2) you can rely upon earlier closure report filed by police
3) file for quashing in HC of false dowry harassment case filed by wife
Respected sir...
Decree of foreign court is also valid... If she files fake case again and against you then you can put that judgement too... These kind of cases are mostly fake in nature and you need not to worry for ruslt of such kind of cases.. It will quit difficult for her to prove dowery and DV case... No need to worry and also put judgement of foreign court as exibits in your cases you will surely get justice..
Thank you
Yes you cannot stop anybody to file cases against you in case she is willing to do so and there are sufficient reason to the police officers to accept the complaint let the police investigate the matter and in case you face any arrest threat then you have to arrange for anticipatory bail for yourself and any other family members who is named in the FIR after the investigation by the police charge sheet or or final report will be submitted by the police to the court and accordingly e court will take decision in this regard
And you can also file a divorce case against your wife in case there are a lot of cases from your life to you
As per section 13(a) of CPC , Judgement /Oder passed by the foreign Court is valid in Inida .
- None of the parties can challenge the said Order/Judgement in India .
- But , a woman has her right to file a case of domestic voilence , if she is living with her husband after the said judgement/order from any court of law .
- She has also right to file mainteance case against her husband , even after settlement/withdrawn of the case .
- If, she is not residing with you after the said settlement , then the DV case will be not maintainable.
- If, she has already filed the DV case against you , then you should produce the earlier foreign order before the court and complete reply of her petition.
If she file case against you, you have to file quashing of the case in high court that it is a repeated complaint and same is not maintainable. You have to file a contests same.
1. It is not clear what was the case tested between you and the grounds of terms of settlement.
2. it is true that even if a case is settled between the parties a fresh case can be filed on fresh cause of action.
3. So if you have received the summons of the cases appear in those cases , file your reply and contest the same on merit.
she can file dv and 498a against you in india.
contest the case on merit and file quash petition in high court.
You need to engage a local lawyer and start contesting the same on merits. You need to present your case that the case is not maintainable because it has already been settled in your favour in the court in the country where you live.
For same cause of action/incident no fresh complaint maintainable. You can file quash application in High Court enclosing closer report of foreign police.
This is my response to you:
1. By the principle of res judicata she cannot file a case again;
2. The principle means "a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties";
3. You can get the new case filed against you dismissed;
4. Consult a local lawyer and take steps.
If the said cases filed by her in the place of your residence you may collect the papers containing the orders that were in your favor, secure it and utilise it against her in case she happens to file a similar case once again elsewhere to defend your interests.
After separation of a year, wife can’t file complaint under domestic violence act, says high court
In an important ruling, the Bombay high court has held that a woman can file a complaint under the Protection of Women from Domestic Violence (DV) Act only while still in the domestic relationship.
Dear Sir,
The following information may kindly be read:
Justice Roshan Dalvi rejected a petition filed by a woman who had left her husband and two children living in America and returned to Mumbai.
“A wife who has returned from the US and consequently from the domestic relationship and lived in India for one year cannot file an application with regard to that relationship after such time," said Dalvi while upholding a sessions court order.
"Such a woman cannot be considered to be in any domestic relationship," the judge said.
The woman got married in May 1999 and lived with her husband in the US. She returned to India in February 2009.
In January 2010, she filed a complaint under provisions of the DV Act against her husband, but the sessions court rejected her complaint as no domestic relationship existed at the time of filing the complaint.
Upholding the lower court's order, Dalvi clarified that a woman who lived in a domestic relationship earlier, but which ceases only because of the domestic violence, can certainly file an application for such domestic violence that took place during the relationship.
Double jeopardy is barred by constitution of India which means a person cannot be tried for same offence twice related to single situation or offence.
Which means her case of DV is non maintainable against you if she already filed a Case of domestic violence in the court where you both were residing together with each other.