My wife has file Protection of Women from Domestic Violence Act 12 against me and my parents in 2017, with false allegations. Case is still pending is at last stage, with status "subject to last opportunity.No PWs present. Previous cost of Rs. 500/- not paid." This is the same status for last 3 dates. - How can we request Judge to dispose first DV case? Secondly, she has file another Protection of Women from Domestic Violence Act 12 against me only in 2020, That is at appearance stage. And coincidently it is with Same Judge in Same court. - Is it legal to file two DV cases? - If not Can we request Judge to dispose it? - Also can we file misconduct case against Prosecution Attorney with Bar council, for wasting our and courts time in First Case and filing another duplicate case?
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Inform the court that for last 3 dates no witness has appeared for complainant inspite of last opportunity being given
2) to direct complainant to pay costs and to keep the case for arguments
3) 2 cases cannot be filed in respect of sane cause of action
4) make application for discharge
5) no case is maintainable against lawyer
- Two cases on the same cause of action is not maintainable
- Since, she has filed two cases under the same provision of DV Act, then the second case filed by her is invalid and not maintainable.
- You can move an application before the court for dismissing both cases on the ground of cause of action.
- You cannot take any legal action against her lawyer as he is performing his work as per the instruction of his client.
- You can move an application before the court for speedy trail and to dismiss the cases.
Details required.
1. Yes it is legal if cause of action, and complaint filed are not same snd identical.
2. Yes you request the court but court has to go with prescribed procedure.
3. No, it is not case of alleged misconduct. No such complaint is made out. Go with strategy.
You cannot file any case agaisnt the attorney for the petitioner for this reason.
If she has filed a subsequent petition with fresh cause of action, you can appear before court in that case and strongly object to her second similar case stating that this is double jeopardy hence not maintainable.
In the first case she has not showed any interest to prosecute the case hence you can request the court to dismiss the same as she failed to prosecute despite giving many opportunities.
Follow up regarding attorney Misconduct, as a Professional Advocate shouldn't he advise his client on that? i.e. two different cases for same cause of action is not maintainable ? But in order to collect fee, he just went ahead and did it? isn't it unethical? Also I am not sure what is wrong with Courts that they allow it. It is basically additional fee and waste of time for accused as well. I wish there are any grounds to prosecute such advocates .
The advocate shall do his professional duty to fight for his client.
The advocate filing the case on behalf of his client cannot be held to have committed any act of misconduct.
If both the case are of the same cause of action then the court itself would not entertain the second complaint case, however you may please note that the domestic violence offence is a continuous offence. Hence the court will certainly entertain the second complaint also
Your frustrations do not have answer in law.
There is no legal infirmity in the opposite lawyer filing the second case under the same provisions of law.
Since the case is in appearance stage how did you come to know that the second one is also filed for the same cause of action.
If it is so, then you can file a discharge petition before the same court citing the said reasons.
You can demand a common trial for all the cases and also go for dismissal of cases filed for same cause of action
There is no grounds to prosecute advocates he has merely acted on clients advice
As such in given circumstances neither there is any misconduct on part of advocate nor there is anything wrong on part of advocate neither his conduct is unethical. If case is not maintainable then you have every right to raise the objection and the court shall accordingly pass order. Remedies are available upto Supreme Court. As such nothing wrong in Courts. You are required to consult a competent lawyer and to act and handle things legally within legal parameters.
Hi, Two petition on the same ground can't be filed and the second petition is not survival for consideration.
How can we request Judge to dispose first DV case? - will dismiss on next date.
With different prayer it is maintainable.
case against Prosecution Attorney with Bar council - No use. It will not heard.
- You can replace the advocate
Requesting the Judge to dispose of the first DV case: If you believe that the case has been pending for an extended period and there has been no progress, you can discuss the matter with your lawyer. They can advise you on the appropriate steps to request the court to dispose of the case or expedite the proceedings. This may involve filing an application or petition with the court, explaining the reasons for seeking a prompt resolution.
Filing two DV cases: Generally, it is possible for a person to file multiple cases under the Protection of Women from Domestic Violence Act, 2005, if they allege different incidents or instances of domestic violence. However, it is important to note that the specific provisions of the law and the legal requirements may vary depending on your jurisdiction. It would be best to consult with your lawyer to understand the applicable laws and regulations in your situation.
Requesting the Judge to dispose of the second DV case: Similar to the first case, if you believe that the second DV case is duplicative or lacks merit, you can discuss this concern with your lawyer. They can guide you on the appropriate legal steps to address the issue. This may involve requesting the court to dismiss the second case or consolidate it with the first case, depending on the circumstances.
Filing a misconduct case against the prosecution attorney: If you believe that the prosecution attorney has acted unethically or inappropriately, you may consider filing a complaint with the appropriate Bar Council or legal authority in your jurisdiction. The Bar Council or disciplinary authority can investigate the matter and take appropriate action if they find any violation of professional ethics or misconduct.
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard.
Multiple proceedings on same cause of action are abuse of court process. A cause of action is the technical legal name for the set of facts which give rise to a claim enforceable in court. It is a legally recognized wrong that creates the right to sue. Each cause of action consists of points the plaintiff must prove and all of these elements must be satisfied in order to take court action.
No two cases on same facts are maintainable. You can request the judge to dispose it and impose exorbitant cost. In case of Central Bureau of Investigation, Hyderabad Vs. K.Narayana decided in 2012, Hon’ble Supreme Court has ruled that a lawyer cannot be prosecuted for giving wrong advice to a bank unless there was proof to show that he was part of a conspiracy to defraud the bank. Therefore, taking into consideration this Hon'ble Supreme Court judgement, no action can be taken against the counsel.
You may contact my secretary to connect with for clarification.
Gopal Verma
Advocate on Record & Amicus Curiae
Supreme Court of India
