• How can I reopen a case of domestic violence

I filed a case of domestic violence 3yrs back.i could not go on dates as my husband used to obstruct me by following me and threatening me on court dates.Hence the case got closed without my information.I already had a void marriage decree too after that as he was already married.Can you please suggest me how I can get justice and reopen the case?
Asked 1 year ago in Family Law from Jaipur, Rajasthan
Religion: Hindu
1) the case cannot be reopened 

2) your marriage has been held to be null and void 

3) you are no longer his wife and no case can be filed by you now as there is no domestic relationship with your ex husband 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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File fresh case with all the allegations and threatening by your husband.

You may also file an application for restitution of case before the court where the case was pending with the facts and situation for your non appearances before the court on hearings.
 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. If you were obstructed from attending the case, you should have filed police complaint against your husband which you have not done,

2. File the said FIR now and based on the said fact file an appication for restoration of the case which has been rejected for default.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
File restoration petition if the DV case has been rejected for default.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Under this act the appeal can be preferred before a sessions court within 30 days of the date of the order. It cannot be reopened.
However Since it is a continuing offence, a fresh case may be filed by including fresh and a different cause of action. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
The DV case once got dismissed for default 3 years back can not be reopened.
Since the marriage is declared null and void you can not file a fresh case either.
The only case you can file case of criminal intimidation and stalking. Lodge a complaint with police in that regard.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1. You were not required to personally turn up in the court as the presence of your lawyer was sufficient. Be that as it may, if your husband obstructed you from going to court, you should have sought a restraint order.

2. The court must have dismissed the case if neither you nor your lawyer appeared in the court. You have to apply for restoration of the case, which may be allowed only by the High Court.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
You can't reopen the case now. What the relief you sought in your DV petition. 

You can file restoration application along with delay condonation petition .If the court will reject the same then file appeal .
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Contested acquitted means the court pass an acquittal order in favour of the respondents.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Contested acquitted implies that the prosecution of the accused was launched and the trial took place but he was held not guilty by the court. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
It means the case was contested by the accused and  was acquitted(discharged) by the court  free of charges due to the reasons stated in the judgment.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
2) acquitted means court has given a finding after considering evidence on record  that no case is made out 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
After consider the contentions raised by the complainant and respondent, court complete all the formalities and heard both sides and disposed the case - And the respondent is released or to set free
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

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