How to withdraw the Dv case
Guest
(Querist) 15 July 2010
This query is : Resolved
Hi there,
Please let me know the procedure of withdrawing the DV case in detail? Court has issues the summons thrice,but the opposite party did not turn up till now?And they got stay order,all my energy got exhausted in figting against them? I had Domestic violence and now what i am facing is court violence. I know no court fights against injustice,instead it all depends on the lawyers,how well they argue to conceal the truth?Better i will withdraw the case and start a happy living. Waste thinking about the past and wasting my future for all the sake of marriage.Its just a part of life and let me leave it here.I am desperate now and already my hubby deserted me and fled to US,so no point in fighting against him,rather being silent.They will repent in their life one or the other day.
Please let me know what is the best way to withdraw the case and what should i mention in the application? Or should my lawyer say this in the court? Please advice.
thanks in advance.
Raj Kumar Makkad
(Expert) 15 July 2010
If you are desirous to withdraw your petition, it can be withdrawn within 2 minutes on your statement to this effect but this is not the solution to your problem or harassment. If your husband could not be summoned for 3 consecutive hearings even then this cannot be a ground to think like you are thinking.
Either do not enter in the court and think God repent theory at that time as you are thinking now and if have decided to enter then be brave and take the matter up to its last end.
If you have been harassed then law is for your help. There is legal system in the country which has to work within its limitations. We all have to take shelter of same law. If opposite counsel can argue better why not yours?
Litigants are represented by lawyers in DV case proceeding so you should believe upon your counsel and should bravely face the situation instead of piercing from realities.
Guest
(Querist) 15 July 2010
Thanks for your reply,but lemme tell you my lawyer has joined hands with the opposite party and now she is not ready to withdraw the case. She helped the opponent party to escape from India,and she knows each and every movement of them.And infact she is the Govt appointed lawyer and she is so greedy and for money sake, she is trying to separate us which is not my intention and she is misguiding me right from the beginning.All these facts came into light recently for which i am totally pissed off with this counsels,courts,lawyers etc.I dont wanna spare this for much time and later i have to keep my mouth shut. Totally i am the sufferer and its me who knows what my problems are. And the court asks for proofs,where can i get the proofs as everything happened inside the house.No one can undertsand this.So i thought of changing my mind. You would have got a doubt while i filed this case,i thought they will counsel us both and send me with them and i read an article about Dv which states that it just takes 60 days.So i was prepared to file and now i came to know what is there in papers and reality is different.My parents are ready to face the situations but i am psychologically getting depressed day by day. Seriously i will go mad one or the other day after facing all these situations.So am i wrong in taking this decision.I tried changing the lawyer,but she is not ready to give a no objection letter and making me trouble all the time.
Guest
(Expert) 15 July 2010
Mr. Makkad has rightly advised. Certain things cannot be set right at judiciary since it follows certain age old policies and red-tapeism. Even the consumer act says that an order to be passed withing 90 days, but, practically it goes beyond 90 months also. We cannot avoid this.
Try to settle the issues with your husband through some family well-wishers/mediators. To change the lawyer, you will have to approach the legal-aid cell (since your lawyer has been appointed by the Court, as per your statement). If the lawyer was appointed by you, you can change her without her consent, by giving a due notice to her.
Guest
(Expert) 15 July 2010
As far as changing the advocate is not a problem and I already gave advice to you. In respect of other issues, as in your case, husband left to US, now it would take some time and some difficulty to serve the court notice on him. Even though limited period is prescribed in DV Act to dispose off the case, the reality is different due to long pendency of the cases lying before the magistrate and the appellate and revision jurisdictions of the higher courts. It is not that you are the only sufferer due to the delay in criminal justice system. Let me say to you, that the victims of Bhopal Gas tragedy, Uphar fire tragedy etc. have not got final justice even today even though the cases have been running for the last 20 to 10 years respectively. The small girl Ruchika Gilhotra has not got final justice as she was forced to commit suicide. The molestation cases and the rape case are running for years and they have been facing social stigma also.
I think you should fight for justice and think this legal process is a small part of your life and you lead normal life living happily while prosecuting the case.
Guest
(Querist) 15 July 2010
Thank you prabhakar ji,
The problem here is i could not digest this unlike others.I am thinking too much on this day and night.They got the stayorder from HC for quashing,my uncle who is a HC lawyer who is dealing the case,adviced me that the proofs may not be sufficient for HC.I never thought of the case,so how can i collect the evidences,and in my story i never had any hittings from my inlaws or my husband. I am too honest right from the beginning and i cant lie that they had hit me while i was at my matrimonial house.So its not possible,so how can i defend now? Though many adviced me to lie and write in the complaint or file a 498 case, i cant do it and its not my nature.I cant go beyond this,i wrote the facts and applied in the court.And i cant get the proofs now. I gave what all i had. My uncle also suggested me that there wont be any hearings in the HC,so it will be finalised in one attempt, So if I loose the case, what can I do? What will the court tells him either to take me or money settlement, I dont need a single rupee from him.They are not so well off, and his parents are relying on him.so they need money and i dont want to demand.Being human,I should have minimum moral values.So ,Let me withdraw the case and move on with my life.Atleast i can go and start a fresh career.I am totally desperate.
Uma parameswaran
(Expert) 15 July 2010
No need to desperate.There is a legal provision to vacate the stay and for speedy disposal of the case. Because of depression ed mind you are not in a position to find out the evidences.
Guest
(Querist) 15 July 2010
Thank you so much Uma Ji,can i call my hubby once and ask what his intentions are? Can i call him,is it legally okay? Or is it illegal as i filed a case and calling him again? My intention is to go back and start a fresh life, i was with my hubby just for 3 months and within those three months i was at my inlaws place and its they who poisoned his brain and became the starters for the fight, so what i thinking is if i go to US and start a new life,everything will get subsided if he dont dig the grave again. My sisters suggested me to withdraw and move on with my life as i have my own life to live.So i wanna talk to him once and convince . My sisters talked to him and convinced,he gave me a set of conditions.
1)I have to withdraw my complaint before the magistrate and say i filed a false complaint,
2)I had to go to police station and say that i wont commit any suicide or hurt myself and if such thing happens,i have to agree that its me who did,but my husband has no relation to it,
3)Apologies to his family,
My parents are doubting to sign on these conditions, becoz if some wrong goes at US,then i cant go and complain, and no one believe as he will be having a copy of my statement.
Is it suggestable to sign on these conditions? I am ready since i still accept him as my hubby and love and affection remained the same in me,though all these happened.Please advice.Can I send you an email stating what my problem in detail?Is it okay for you?Please let me know. Thanks in advance.
Guest
(Expert) 16 July 2010
You require continuous legal guidance. It will not be possible on "Experts" category. Either you shift to the platform of "forum" and / or contact the advocate with whom you want to take legal advice by his/her "P.M." Having said so, that if you want to continuous harmonious relationship with your husband by accepting those conditions but with some tactics. It is settledin law that any agreement between the two individuals that precluding the other one from criminal liability is not acceptable to Indian Courts. In your future continuous harmonious relationship, if you face any criminal violence from him (God forbid, he is liable to be prosecuted irrespective of whatever you agree right now.
Wish you best of luck.
Guest
(Querist) 16 July 2010
Thank you so much for your answer which filled a sort of confidence in me.May i know what is this forum and PM.Do i need to pay for this forum?How exactly it works?So on what conditions do i need to sign?How tactfully i can deal this?Please let me know.I am really sorry for troubling you people these many times.Sorry to say this,I cant trust any lawyer in my town after all this happened. So i am relying on Internet.
M/s. Y-not legal services
(Expert) 08 October 2010
Already senior mr.rajkumar given a nice advise to you.. Just confirm it.. That you may issued summons 3 times.. But is any one served? Don't get vexed for this issue..
M/s. Y-not legal services
(Expert) 08 October 2010
Two ways for withdraw your case.. First one you may file a petition before the magistrate.. Second one, just you forget your case.. Don't appear for upcoming hearings.. Automatically its wil be dismissed
