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shiv shiv shiv (unemployed)     04 February 2020

Pending domestic violence case

Mutual consent divorce is thru..the opposite party has not yet withdrawn the domestic violence case,jyst making excuses for withdrawal. In such a scenario what options am i left with to close the pending domestic violence case..? Thank you


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 11 Replies

phani (2010)     05 February 2020

at the time of evidence you should express your unwillingness for take divorce
1 Like

Advocate Suneel Moudgil (Advocate)     05 February 2020

what does it mean "Mutual consent divorce is thru"?

1 Like

Real Soul.... (LEGAL)     05 February 2020

Withdrwing of all the pending cases should   be made condition precedent for mutual divorce ,just insist upon that and till then don't let the divorce to be decreed,,

1 Like

shiv shiv shiv (unemployed)     05 February 2020

The marriage is dissolved by decree of divorce by mutual consent, she said she will be withdrawing the DV at the next hearing, before that the judgement was passed by the court.next date at the DV hearing where she was supposed to file application for withdrawal, she was absent. Mi called her ,she said she will file the withdrawal application soon,.again in the next date she was absent My quest..how to close the DV case..? Thankyou for your reply..pls guide.

shiv shiv shiv (unemployed)     05 February 2020

Om Prakash...at the time of filing the mutual consent petition itwas decided that she will withdraw the DV case at the nect hearing.before that the divorce decree was passed..at tge next hearing of the DV she was absent..

Joy Bose   05 February 2020

Hello,
Please let the court know through an application that she is not respecting her side of the agreement.  Please do not sign on any kind of document till she withdraws her 498a case against you. 

1 Like

shiv shiv shiv (unemployed)     06 February 2020

Sir ,its an Domestic violence case ,the divorce was going on for the past 7 years,filed by me ,later she agreed for mutual consent divorce, we said she will have to withdraw the ongoing DV case ,she said yes ,we converted the contested divorce case to mutual consent. The decree was passed, but she started evading the Domestic violence case, i called her ,she said she withdraw it soon..but she has not yet done that. How can get the domestic violence case dismissed without her presence.? Thanks a lot for your reply

shiv shiv shiv (unemployed)     06 February 2020

Nope .i was employed &doing well at the time of my marriage ..dowry..??..no Sir ,..i was doing well financially at that time..and i am not an andhrarite..btw both the cases were going on for the past 8 yrs..if dowry & easy money was my intention..i would settled the case in the first date it self..thanks a lot for your response.so i'll file an application with the copy of the divorce decree in the domestic voilence case.?

shiv shiv shiv (unemployed)     06 February 2020

Nope .i was employed &doing well at the time of my marriage ..dowry..??..no Sir ,..i was doing well financially at that time..and i am not an andhrarite..btw both the cases were going on for the past 8 yrs..if dowry & easy money was my intention..i would settled the case in the first date it self..thanks a lot for your response.so i'll file an application with the copy of the divorce decree in the domestic voilence case.?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 February 2020

In the given facts (repeated by you again and again), I a of the considered opinion that you need to move a quashing petition before high court under section 482 Criminal Procedure Code on the basis of her undertaking  to withdraw all pending cases on the basis of compromise which ultimately has led to mutual divorce.

1 Like

shiv shiv shiv (unemployed)     10 February 2020

Thank you for your reply Sir..

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