evenmore (ABCD) 04 May 2013

Domestic Violence Case and Civil Case

Hi,

My wife filed DVC against me and my parents. She also filed a Civil Suit (u/s 26 Order 7 Rule 1 ) against me and my parents with same allegations as in DVC case. She is demanding money in both DVC and Civil Suit.

DVC is filed in Magistrate court and Civil Suit is filed in Civil Court. She is demanding double the money demanded in DVC in Civil Suit.

She has even filed Maintenace case under CRPC 125 and claiming huge money.

She claims to be highly educated and meritorious student and worked previuosly before marriage. Currently also she is working.

Kindly let me know your suggestions :

1. Does it amount to Double Jeopardy filing so many cases ?

2. Is there a way to file quash in DVC or Civil Suit or CRPC 125 ? .

What are the options available for me ? Best way to handle these cases ? Please suggest.

Thanks in advance.

Reply Follow

2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 05 May 2013

your case may comes under RESJUDICATA. We have often seen lawyers arguing in courts that the suit is struck by the principle of 'res judicata'. If this plea is accepted by the Bench, in principle, the case in question is rejected right at the stage of admission itself.

According to the dictionary meaning, 'res judicata' means a case or suit involving a particular issue between two or more parties already decided by a court. Thereafter, if either of the parties approaches the same court for the adjudication of the same issue, the suit will be struck by the law of 'res judicata'. The rule of 'res judicata' is based on the conditions of public policy. It envisages that finality should attach to the binding decisions of the court so that the individuals should not be made to face the same litigation twice.