Dv withdrawl -- need advice

Businessman

Hi Experts,

My wife has put a Pursis for DV withdrawal , as she do not want me to meet my child which i got u/s 21 of DV.

  • Is this Pursis allowed?
  • Can i do anything to not let her withdraw DV as I have all the proofs of my innocence and she has just verbal statements to make.
  • She has submitted her chief affidavit in the DV case on last date , now she has withdrawn it.
  • Will my visitation order stand in DV case after withdrawal?
  • Wife had also appealed in Session court against visitation order, but now after withdrawal will session court appeal stand?

 

Kindly suggest me how can i meet my child , is GWA only option or there is provision in that even after withdrawal of case , interim orders remains valid.....please guide, i need to act quickly.

 

 
Reply   
 

It is better you let her withdraw DV. Please apply for certified copy of the Case withdrawl prusis. The order which has been passed by JMFC court is a valid order till the time any civil court like family court passes the final order.

Session court will not set aside the order passed by learned JMFC.

Custody matters are civil matters and have to decided by the Family court or civil Court. IN DV you can get a temporary relief.

You being the father of the child have right to be with the child. It will be better if you file a case for custody at the appropriate family court under GWA.

Incase you have filed a Divorce case, the custody of the child can be decided u/s 26 of HMA.


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Businessman

Thanks Vivekji,

As Judge told me with withdrawal of DV case all interim orders passed under it like visitation, maintenance stands cancelled.

Now in Session she has appealed for Visitation order, but after DV withdrawal as visitation order stands cancelled in that case thus the case in session still stands or my wife will take that case also back in session.

My file has filed for divorce as she is in urgency to get settled again

U/s 26 of HMA how soon i get the visitation rights ?

 
Reply   
 

Interim orders passed are temporary in nature. The custody orders are temporary in nature for the aggrieved party. These things are to be decided by the Civil Court.

At this stage you should not worry what happens at sessions court. You should file an application for seeking visitation rights. This application has to be filed at Family Court. The same will be granted immediately. In the said application you should annex the order of JMFC Court.

Also you should seek for mediation from Family court and the mediator will help you to settle the custody issue or any other issues.


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