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Domestic violence - query on the nature of court order

(Querist) 14 January 2018 This query is : Resolved 
Respected Sir,

My wife has filed a Domestic Violence petition against me in Mumbai Family Court. Yesterday her interim maintenance application was dismissed by the said court. So now, she is not interested to carry on with her filed suite since her Interim Maintenance application has been dismissed.

In her petition she has not at all prayed or asked that she wants to join me back. She is staying at her parents house since past 2 years. On the contrary, her petition says that Reconciliation is Impossible. Though in my 'Say', I have stated that I am ready for reconciliation.

Since, her interim has been dismissed now,

- Can She verbally pray that She wants to join me back (as She has not prayed the same in her petition) ?? If YES - then Can the court pass an order for us to Reconcile OR Her DV petition stands dismissed as She does not want to continue with the suite.

Thanks in Advance.

Warm regards.


Ms.Usha Kapoor (Expert) 15 January 2018
yES !EITHER YOU MENTION ORALLY FOR RECONCILIATION BEFORE THE COURT AND SHE MAY AGREE OR YOU FILE RCR PETITION IN COURT WHICH IF DECREED SHE MAY JOIN YOU IN WHICH CASE HER MAINTENANCE. DV CASE ETC WILL GET DISMISSED.
P. Venu (Expert) 15 January 2018
Why this query on behalf of the other party?
Kumar Doab (Expert) 15 January 2018
The spouse can express desire to join back the marital relationship.
Dr J C Vashista (Expert) 16 January 2018
What is the opinion and advise of the lawyer engaged by you?
Ms.Usha Kapoor (Expert) 29 June 2018
Agree with Kumar Doab.


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