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educare (as)     20 February 2014

Dv quash

Dear all,

I want to know can DV be quashed if husband on the grounds that he  had got exparte RCR decree. if so is there any judgement



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 1 Replies

Samir N (General Queries) (Business)     21 February 2014

RCR and DV are unrelated and arise out of different Acts. Therefore one cannot be used as res judicata (i.e. relitigation defense) against the other. However, the factual conclusions, if any, in the RCR judgment can be used to blunt the factual allegations in the DV petition to the extent that they are precisely the same.  I doubt that will be the case but one will have to see the DV petition and the RCR judgement to give you a precise opinion. 


However, if she has not been living with you over the past one year and has filed the DV after the one year has passed then you can use that to dismiss the DV on grounds of statute of limitation having expired. Such dismissal, however, is not res judicata in Family Court (cannot be used as a defense in same allegations to be made in the future by her in Family Court ) in other matters because the dismissal was not on merit. 


Our legal system is such that there are many Acts in Family matters and their basis as well as jurisdiction of Courts overlap. A good advocate can exploit this overlap to harass the husband ad infinitum (forever). 


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