• Can wife files DV case for second time after withdrawn of previous one

My wife left me on may 2017 without reason ( I have phone record of her call saying that I am leaving saying you do your own and I do my) and after three month she filed DV case against me. During the trial when I filed my reply she withdrew her case in condition that she will not file same case under same cause of action. But last year during October she again filed DV case seeking for interim relief and mantainance. She is also a government employee and earning well, case has not been in move because of lockdown and vacation. I want to know wether her case substantiate in the court? It's been three years since then we are not living together as husband and wife under same roof. I had also tried to bring her back with two sittings with her and in laws and later I had also sent her a legal notice to come back but she didn't.
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

You can get the case dismissed after the court operates normally but putting the facts mentioned here in front og judge. 

Hire an experienced lawyer 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1) wife is at liberty to file fresh DV case on deaf cause of action 

 

2) you should contest false case filed by her 

 

3) file detailed reply denying allegations made in complaint 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Yes she can file only if new DV incidents are arisen after withdrawal of earlier complaint. She cant file a fresh complaint on earlier incidents covered in last complaint

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. If your prove her employment then the court is certain not to grant her any maintenance at all.

2. The efforts you took to bring her back would got  along way to defend your case properly. 

3. To strengthen your case further file a suit for RCR.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

The DV case is maintainable because it is a continuing offence. 

However the situation and the circumstances of the case is in your favor hence you may challenge the same properly and get the case dismissed. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

You should file a case for divorce on grounds of cruelty and desertion as it has been 3 years since she left you.

She cannot file the cases again once she has withdrawn them. You should highlight this before the court.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. The case will be decided on merits if she has filed it on the basis of a fresh cause of action.

2. If she is earning on her own then you can repel her claim to maintenance by proving her earning.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Respected sir...

This is the valuation of Indian constitution as well as the principle of natural justice we cannot file any case which is drawn by her priorly... There are a lot of citation that will work for your case you must have to file that citation in the court along with your reply that her DV case is not maintainable....second option you have that you have to approach High court for cancellation of proceedings both Kotwal work for you as it will it is a settled law that you can file any claim ... Regarding any prospect only once....there are alot of High court and supreme court citation is available for that ..

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

1. If she has filed case on same cause of action file quashing petition before high court praying to quash her complaint and proceedings after that. Along quashing a stay application may be filed to seek stay on proceedings below.

2. Further husband may initiate divorce on ground of desertion.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes, she can file DV case second time, but that shall be on different cause of action.

You need to contest the said false case by filing your reply and deny all the allegations made therein.

File the documents showing her employment status i.e., job, earning details, IT filing by her etc.

She is not entitled to maintenance if you can prove with above documents.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

- If the said DV case was withdrawn with a liberty to file the same again in need , then she can re-file the said case after its withdrawn. 

- Since, she has withdraw her case in condition that she will not file on the same cause of action , then her case is not sustainable legally , because due to living separately  ,no fresh cause of action can arise , specially in the absence of any separate complaint to the police against you. 

-  Further , as you have already given a legal notice to joint the matrimonial life, then on her refusal , you can file the suit for restitution of conjugal rights

Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further , as per Supreme Court in the matter of Bhagwan Dutt v. Kamla Devi , held that wife’s income has to be taken into account while determining the amount of maintenance payable to her. It is not an absolute right of a neglected wife to get maintenance nor it is an absolute liability of husband to support her in all the circumstances.

- Further, No Interim/Maintenance for Capable,Working Women can be granted . 

- Since, she is a government employee and earning well , hence she is not liable to get maintenance from you legally. 

Mohammed Shahzad
Advocate, Delhi
13225 Answers
198 Consultations

5.0 on 5.0

You can apply for divorce on the ground of desertion. IF she has withdrawn her previous case, without liberty to file fresh. Subsequent suit with same cause of action not maintainable. And earning wife not entitle to maintenance.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

if she file the case after such a long period then it will go against her (depending upon other circumstances of the case). 

wife who is capable of working and sustaining herself is not entitled to claim maintenance from her husband. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Domestic Violence case is maintainable if she filed the case based on another cause of action but as she is working and earning well she will not be entitled to get maintenance from you.

 

Check the previous complaint and the new complaint thoroughly and start pointing contradictions in her complaint and fight the case on merit.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1..Yes she can file the case again on ground that previous case was withdrawn Under pressure by family or husband on promise that Domestic violence will not happen again. 

2. You should file RCR petition Under section 9 of Hindu Marriage act 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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