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Kushal (Job)     04 November 2025

Divorce and domestic violence

Dear Sir/Madam I would like to seek your legal advice regarding the following matter: I was granted a mutual consent divorce from my wife on 7th October 2025. However, just two days later (on 9th October 2025), I noticed that she had uploaded a wedding photo with her new husband on Instagram. Her new husband is a Navy Officer, and based on the timing and other circumstances, I have strong reasons to believe that their marriage may have taken place before the divorce decree was finalized. Subsequently, I also came to know that her husband left on a cruise duty on 11th October 2025. Despite the divorce being finalized, my ex-wife has not withdrawn the pending Domestic Violence case filed against me, and it appears that they have no intention of withdrawing it. As part of the divorce settlement, I have already paid a total alimony of ₹15 lakh, which includes ₹13 lakh worth of gold and ₹2 lakh in cash. I would like to clarify that the ₹13 lakh worth of gold originally belonged to my mother. My ex-wife had taken this gold with her at the time she left my home, and despite several requests, they were not willing to return it. To settle the matter amicably and avoid further complications during the divorce proceedings, I agreed to let her keep the gold and additionally paid ₹2 lakh in cash as part of the mutual settlement. I also possess the original purchase receipts for that gold, which are in my name/my mother’s name. In light of these facts, I would like to know: 1. What legal remedies or actions are available if it is established that her remarriage took place before the divorce decree date? 2. What steps can I take regarding the pending Domestic Violence case, given that she has remarried and received the full and final settlement amount? 3. Can I initiate any legal proceedings for fraud, perjury, or concealment of facts based on this situation?


Quick Summary
This discussion concerns a man who obtained a mutual consent divorce but suspects his ex-wife remarried before the decree was finalised. He also seeks advice on a pending domestic violence case, which his ex-wife has not withdrawn despite a financial settlement, including gold that originally belonged to his mother. The advice suggests that while challenging the remarriage timing might be difficult post-divorce, the DV case should be addressed by filing the settlement agreement in court or, if necessary, approaching the High Court to quash the case.

 10 Replies

Dr. J C Vashista (Advocate )     05 November 2025

Since mutual consent divorce has already been granted / decreed, it is better to forget any issue to be raised or pending .

As stated by you, even if she (your ex-wife) got married to some naval officer just 2 days before / after passing of decree of divorce, there is no point in emphasising the issue, as you will get nothing out of it, except to create tension for yourself, drain out money and time in initiating any sort of litigation (ccivil, criminal, matrimonial or any other), which few counsels may advise you.

As agreed by both of you during counselling / mediation or any other mode of compromising for MCD the pending complaint under DV Act shall have to be withdrawn by youor ex-wfe, otherwise you may submit copy of judgment and decree to concerned court, which (pending complaint) shall be dismissed.

At this stage there is no point in raising / agitating the issue of jewellary (stated to be owned by your mother) taken by your ex-wife. 

However, if you feel strong it would be better to show relevant records to your lawyer or some other local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding, whatsoever, I would advise (not only suggest) to forget your past and enjoy peace in your family.

T. Kalaiselvan, Advocate (Advocate)     05 November 2025

If the withdrawal of the DV case was not a condition set out in the agreement, you cannot insist her to withdraw that, you have to challenge it properly in court and get it dismissed.

No perjury case will be applicable to this situation.

Manu Singal   05 November 2025

You wanted divorce from your wife, and you already got it. You will not gain anything by raising issue about toyr wife's remarriage at or about the time of divorce decree. Rather, it would just undo the divorce decree. You will be back at square one.

Regarding, your DV case, if you have reduced the compromise in writing including settlement regarding the DV case, then just place a copy of the compromise deed in the DV case file and ask/ request the judge to consider the same

Kushal (Job)     05 November 2025

Sir,

Withdrawal of DV case is part of agreement.

kavksatyanarayana (subregistrar/supdt.(retired))     05 November 2025

If the DV case withdrawal is a part of the agreement, you can insist, she withdraw the DV case against you.  What has your lawyer opined on it? 

T. Kalaiselvan, Advocate (Advocate)     06 November 2025

The unregistered settlement agreement is not enforceable in law however on the basis of settlement and mutual consent divorce you can approach high court to quash the DV case and this settlement document can be used as evidence for her consent.

Dr. J C Vashista (Advocate )     06 November 2025

 If she (your ex-wife) do not withdraw DV case as stated by you, it tentamounts to purjury. Accordingly approach / request your lawyer to proceed against her since she has executed agreement, which has been exhibited in divorce case,.

Kushal (Job)     06 November 2025

Sir,

I have already appeared before the court for the withdrawal of the Domestic Violence (DV) case as per our mutual agreement. However, the opposite party has not been appearing before the court despite repeated requests from my advocate to proceed with the withdrawal.

Unfortunately, my advocate has also not taken any strict action against them till now. Because of this delay, my family is suffering from mental stress and desperation. We have already fulfilled all their demands as per the agreement, yet they are causing unnecessary trouble.

It is disheartening that she has now remarried and is living her new life peacefully, while I am still stuck in this pending case without any progress.

T. Kalaiselvan, Advocate (Advocate)     06 November 2025

In the given situation, as advised earlier, you may better approach high court to quash the DV case on the basis of settlement and mutual consent divorce instead of repeating your problems of mental sufferings.

If you are really serious to find solution you may approach high court.

Dr. J C Vashista (Advocate )     06 November 2025

Move to High Court for qushing the complaint case.


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