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Shyam   22 April 2018

Uncontested - dismissed as not pressed

My Wife filed a case under hindu marriage act  131 ia, now she has withdrawn her case and  the results states that Uncontested - Dismissed as not pressed,can you please someone let me know what does it mean, can my wife file a fresh case even if we are opting for mutual?  FYI my wife has filed a case in 2 different  police  stations and police refuses to close the case  due to some political pressure applied from my wifes side. my wife doesnt wants this to be contested one since i have all the proof against her  and also threatening us for DV in case if we dont opt for mutual .



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 6 Replies

Vijay Raj Mahajan (Advocate)     22 April 2018

If your wife agreed for divorce by mutual consent, then just go ahead both of you and end your marriage in an amicable manner. As far the criminal proceedings are concerned those can be got dismissed or quashed even after the dissolution of marriage.

Shyam   22 April 2018

Thank you sir for the update .how about the police complaints wil it be void after mutual?

Vijay Raj Mahajan (Advocate)     22 April 2018

Police complaint can be closed by the wife as she can inform them about the divorce by mutual consent after settlement of marital dispute.

Kumar Doab (FIN)     22 April 2018

Hope you shall take IT positively..

Pls try to understand litigation and mind of litigant and more so estranged spouse and lawyers after having faced litigation….

Litigation should make  litigant ( of any age, any race, any community, at any location)  wise…!

The one that does not become wide after protracted litigation and  prolonged sickness is unfit.

Complaints are not likely to be void….as posted by you..

It is to be duly narrated in MoU for MCD that all complaints shall be withdrawn before say;2nd motion and thereafter either spouse can provide copy to concerned PS/Court and both can withdraw complaints/cases…..

Kumar Doab (FIN)     22 April 2018

 

Chase your own very able LOCAL  senior counsel of unshakable repute and integrity specializing in Family matters and well versed with LOCAL rules/laws and having successful track record….and worth his/her salt …to draft MoU to defend your interest and affirm that FEE paid by you includes everything until all complaints/cases are closed…

Or your own counsel may demand FEE for anything that is pending…

Have you engaged such counsel?

Estranged spouse can approach authorities and court even after MCD and scream with any  charge and even; IN changed Circumstances ( Badle huai Hallaat main…)

So you need such counsel as already suggested… and need to settle your T&C as well with your estranged spouse and your counsel..

 

 

 

 

Kumar Doab (FIN)     22 April 2018

There are unlimited number of threads on similar queries at LCI that you can seacrh in SEARCH option.. e.g;

 

https://www.lawyersclubindia.com/forum/Wife-is-not-withdrawing-dv-case-after-mutual-divorce-176250.asp


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