Dv withdrawl , correct process

Businessman

Hi Experts,

If wife wishes to withdraw the DV case , is it in the form of an application or a simple Pursis from her side is OK.

  1. Is it also necessary to mention the reason of withdrawal.

  2. If reason of withdrawal not mentioned then can we ask the wife side to mention the reason before withdrawal?

  3. Can wife re-open the DV case again, If yes..will it resume from the stage it was closed with all IA orders intact or it willbe a fresh start?

 

Regards,

 

 
Reply   
 

The petitioner being wife, she can withdraw DV case at any point of time without assigning any reason.  If in future date she wants to revive the case from the stage where it has been withdrawn, she has to satisfy the court that why she is withdrawing the case right now and why she is apprehending that she would require to open the case at a future date from the stage where it has been withdrawn. If the court satisfies for her reason, then the court may permit her "to withdraw the case with a liberty to reopen it from the stae when it has been withdrawn at a future date".   No application is required to withdraw the case, but application is required to reopen the case. 


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Businessman

Thanks Chandrasekhar Sir,

She is not giving any reason of withdrawal.

But now I apprehend that she is doing so to avoid the visitation for 3-4 months as she wants to leave the town and then after coming back re-open the case by giving any reason....lower courts i have seen are very liberal to women.

If she now withdraws, then can she re-open the same case again?? or she will have to file a new case??

She has just submitted a Pursis to withdraw the case.

I was meeting my child from last 7-8 months due to visitation order u/s 21 of DV act and now when she is not more willing to get me closer to child and her evidence stage came she just gave a pursis to withdraw..

 

How to safegaurd myself from future harassment.?

 
Reply   
 

She is entitled to withdraw the case and your visitation rights go into thin air and you cannot protect them.  Even so, you move application that you have no objection if the hon'ble court

(1) direct the petitioner wife may please continue the compliance of visitation rights granted to the respondent husband even after withdrawal of the case

(if the court refuses to accede your prayer), alternatively

(2) direct the petitioner wife to continue the compliance of visitation rights till three months by that time, the respondent, if choses so, would file a custody case under GWA and interim application for visitation rights. 

These are some steps you can take.  But the right stepis that you have to file GWA case for custody of the child and seek visitatin rights by enclosing the certified copy of the visitation rights granted to you by the DV court.  There are more chances that your would get ad-interim ex-parte visitation rights in GWA case once the judge sees the visitation order passed by the DV court.

Best wishes.


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