Dv case withdrawl

Querist : Anonymous (Querist) 22 December 2011 This query is : Resolved
After the compromise/settlement is arrived, if the complainant decides to withdraw the Domestic violence case, is there any specific section under which the DVC case is to be withdrawn so that husband can make sure in future domestic violence case cannot be reopened/filed against Husband and his family members ?

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Shonee Kapoor (Expert) 22 December 2011
There can not be any such section.

However once the disputes regarding compensation/ right of residence etc are decided, they can not be reopened.

However, maintenance can always be re-opened in any other case like CrPC 125, if not the same case.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 23 December 2011
Yes no specific section is there. A mere written petition stating withdrawal of the case is sufficient.

Deepak Nair (Expert) 23 December 2011
I agree with the opinions of the experts. Once the judgment of mutual settlement is passed, then therre is no provision to re-open the same.

Raj Kumar Makkad (Expert) 23 December 2011
Though there is no such section but even then husband can ensure that no such proceeding shall take place in future by getting a specific statement of the wife during her statement for withdrawal to the effect that her husband is a good person and due to some misunderstanding she had filed baseless proceeding against him and she undertakes not to raise such type of frivolous and false allegations against her otherwise caring and loving husband.