kandarp 06 August 2016

Quashing case in high court

Dear experts pls guide me in followings I have filed divorce case simce two years pending in local court..now my wife has filed domestic violance cases against my sis and borthrrn law and me n my parents..should i go to high court for quashing it or fight in lower court? Wat are the chances of it getting quashed?

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4 Replies

HIRAL THAKKAR (ADVOCATE ) 06 August 2016

Depends on facts of your matter.

A walk alone (-) 07 August 2016

Domestic violence can be quash on the basis of time duration. There are many decision of SC/HC in which domestic violence quash if it file after one year of separation

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 07 August 2016

Those judgements which state that a complaint under thd DV act is not maintainble after the expirt of one year are highly misunderstood. Therefore to have to apply the same on every case is not right, There re judgements which state the opposite as well.

If u think you have a good case, then opt for seeking discharge before quashing.

Augustine Chatterjee

Advocate & Solicitor at Law

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