RK 17 June 2015

Dv case dismissal

I am currently in UK since Nov last year and my wife filed DV case early this year. In may she agreed to withdraw the case and submitted application to magistrate. however magistrate told that both respondent and petitioner should be present or she should get letter from social welfare office at collector office where she gave initial compliant. her lawyer told that case will get dismissed if both parties dont appear for 3 consecutive hearing. i kept insisting on proper notice from court that it is withdrawn or dismissed. she went to police stn and told that that she wanted to join me back else will sucide. so police sent her thru some counsellor who assured that case will get dismissed if both parties dont appear in 3 consecutive hearings. however i am not able to locate such info and was told by a wellwisher that both counsellor and lawyer has cheated and DV will not get dismissed for non-appearance. Can you pls confirm which one is correct?

Reply Follow

3 Replies

Adv k . mahesh (advocate) 17 June 2015

if either party does not appear court will dismiss the case without any relief but it is better to file withdrawal application and withdraw which will be used in future any complications arise

Adv. Chandrasekhar (Advocate) 17 June 2015

If wife appears in the court and seeks for withdrawal, the DV will be dismissed. But if the court raises doubts about genuineness of the request and apprehends any duress or force has been exhorted by the opposite party, the court tries to get clarification. Then the wife has to convince the court that she is without pressure voluntarily seeking the withdrawal. A wrriten application along with verbal request by wife for withdrawal will leave the court no option except to dismiss the case as withdrawn.

RK 17 June 2015

To give a background, we gave all her jewels back to her infront of magistrate and took written consent. Then magistrate has asked her 3-4times whether she wanted to withdraw and she was firm in her decision. So he asked to come following week and that time another magistrate came who asked eitehr both parties to be present for withdrawal or she should get letter from social welfare officer, collector office where she originally filed complaint. her lawyer suggested both parties to absent from hearing so taht it will get dismissed. I reiterated that let she close logically. instead she went to All-women police stn from thr to commissioner office. There some counsellor was engaged by who persuaded my mom and left her back at home. The only concern i have is what is the implication if it get dismissed instead of formal closure means can she reopen at later stage. Also the magistrate seem to have told her that once dismissed or withdrawn, she need to go high court only if she wants to reopen. Someone pls advice on court procedures and formailties. It appears as complicated as human pschysiology.