INTRODUCTION: When a case is filed by a woman before the trial court and it gets dismissed in default, then many practical questions arises. If she doesn’t know the answers or can’t afford the best lawyers’ advice, the issue may get worse. As a result, in this article we would provide you with the ideal answers to all of your questions by taking an example of an on actual scenario.

SITUATION: A woman files a maintenance claim with the Trial Court in accordance with Domestic Violence Act of 2005, Section 12. She is indeed given maintenance by the Court via an interim order. Subsequently, the husband applies for an ex-parte modification of the maintenance that has already been approved (i.e. in the absence of the woman). The Trial Court dismissed the primary case as well because the woman was unable to appear on any of the later dates that the matter was scheduled (on the grounds of non-appearance and non-prosecution). What should the woman do in light of this?

Should she give up trying to get her fair share and accept this as her fate? Since she missed her court date, should she not be receiving any maintenance? (Note: Due to her serious medical condition, she was unable to appear in court. She refrained from hiring an advocate due to prior instances in which the careless conduct of her legal counsel cost her legal battles.) Should she forfeit the amounts she had accrued up until the point of her termination?


What you truly want right now will determine how you respond to this question. The options are as follows:

You should apply to the trial court for restoration and recalling if you wish to have your primary case reopened.

You should start recovery proceedings before the trial court if you want to receive at least what is rightfully yours.

Please be aware that the outcome of your recovery process is independent of how your primary case is progressing. Therefore, it is incorrect if the trial court rejects your recovery application on the grounds that the primary case has been closed. You ought to think about appealing or revising the order in such a situation. Appeal would be filed before Court of Sessions and the revision petition would be filed before the District Judge.  


The DV Act makes no provisions for approving or rejecting restoration applications. Nonetheless, the Trial Court may grant your restoration request in accordance with Section 28 of the Act. According to Section 28(2), the court may establish its own protocol. In general, your application is likely to be approved under this section if the judge has a liberal mindset.

An appeal under DV Act S. 29 may be filed with the Court of Session against the dismissal order. A criminal writ petition may be filed before the relevant High Court in accordance with Article 227 of the Indian Constitution if the appeal is also denied. The High Court will almost certainly grant the petition and order the Trial Court’s primary case to be restored.

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