FightForCause (Businessman) 22 March 2014

Case withdrawl - precautions

Hi Experts,

Wife is willing to withdraw the DV case as she is been transferred to another city for 1 year.She has already not attended last 10 dates due to placed in other city.

As it is hard for her to travel for dates she is trying to withdraw the case.

What precaution should i take in this situation, can i ask the court to get the reason of withdrawl be mentioned . Also me and my wife filed many applications before the interim could be decided in DV but Judge has not marked many of them as exhibit. Can i request the judge to mark all of them as exhibits before they withdraw the case in next date so that i can get certified copies of all of them and use in other cases which i am planning to file.

Is filing defamation case after they withdraw the case a good idea?

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 22 March 2014

No defamation cases in family matters will be entertained by courts.

Adv. Neha ( ) 22 March 2014

@Author yes surely you can file defamation case, if you are having solid evidences and witnesses.. Defamation case can be file on the ground of false allegations..

Adv Neha

FightForCause (Businessman) 23 March 2014

I have come to know that my wife is planning to go onsite for 1 year and she is also planning to take the son with her. As DV case i had asked for visitation and order was @ to be passed she is planning to withdraw the case and run away to US without informing court.

How can i safegaurd against this. Can she take the child without informing me or court?

If case is withdrawn she will not be answerable to any court, what should i do to stop her...

Also please answer can i request Judge to mark all applications as Exhibit before they take their case back.

FightForCause (Businessman) 23 March 2014

How can i safegaurd against this. Can she take the child without informing me or court?

If case is withdrawn she will not be answerable to any court, what should i do to stop her...

Also please answer can i request Judge to mark all applications as Exhibit before they take their case back.

Gautam Kapoor (IT professional Studying Law) 23 March 2014

Agree with Neha -@FightingForCause - She is not trying to withdraw the case as it it hard for her to travel, but probably she cannot prove any thing against you.Take the withdrawal and get divorce.File defamation on her on the basis of wrong allegations and stop her from leaving India.You need to be quick.