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Fight Back (Analyst)     22 June 2014

Dv case withdrawn by wife

Hi All,

I'm going through a Domestic Violence case from September 2011 and was regularly paying the awarded maintenance by the court and the case was in Respondent evidence stage.

However, recently to my surprise, I got to know from my lawyer that my wife has withdrawn the case in the DV Act, citing that she is willing to compromise and the case was so dismissed by the Judge. However, in her memo she has also stated that she has all the rights to file the case again if she desires to, in case there is no compromise.

However, there is was no such discussion  of compromise between the 2 parties nor there is any chance of me taking her back, as there is a 498a case against me and my family and also I have filed for Divorce in the family court.

I'm just wondering what does this imply and what are the consequences in case she refiles the case in the DV Act? What implications can this have on the 498a and the Divorce cases?

Can this be of any help to me in the other cases like the 498a and the divorce case. Please let me know your thoughts so that I can make use of any suggestions or should I just wait and watch. I have the 498a and the MC case in a few weeks time.

Thanks in advance.



Learning

 3 Replies


(Guest)


The worst part is over, her stating that she can file DV again, citing change in circumstances etc leaving the option open is allowed under DV act.  If she does, then you will have to fight it out in court [already 4 years over with DV, now another 5 years you wll spend in court behind DV case].  That is what will happen.


Eventually all this amounts to mental cruelty, and finally  one good day you will get divorce based on the mental torture that she has meted upon you.


ADVICE:  You can as well lure her with money and go for one time settlement.  Time and tide wait for none.  You pay her money now.. you save time, divorce under MCD u get immediately as already 4 years over.  If you dont pay her money now, you will have to pay her money later on too, ie after divorce, no getting away with it.  


SO calculate what is good for you and act accordingly.

1 Like

CGM (None)     23 June 2014

The DV case is over, she has withdrawn it. You didn't do anything to compromise or to settle the dispute, you did not offer her any concession in writing. Good!

The clause in which she says she cal refile it is worth nothing. She can do it even if she doesn't mention that clause. It's her legal right. Unless she loses a case, she can harass you.

But now's the time to act. By withdrawing the case, she has made it weak. You can push it, you can file a divorce petition now claiming that it was a false case and that's why she withdrew it. It can work to your advantage as settlement in your divorce case where you are the guy with pressure may be more favorable to you than settlement in a DV case.

4 Years of separation is a lot... I don't know if you have any feelings left for her, or whether she has any feelings let for you. You could try talking to her and find out if she's ready to divorce at mutually agreeable terms. 

But always remember, whatever she can do now will not be as bad as what she has already done.

Also, do find out from your lawyer if the limitations act will apply. Because DV can be filed only within 1  year of cohabitation, and you're separated from 4 years. If she wants to file a fresh case, she might be unable to do so if the limitations act applies.

1 Like

Fight Back (Analyst)     23 June 2014

Thanks all for the quick responses.  

@CGM : Thank you for your response. I will check about the Limitations Act with my lawyer ASAP. I have already filed for a divorce back in November 2011 and it is currently in Cross Examination of PW1 stage. So, what I understand is that if ever she files a case again it will be treated as a fresh new case and I can fight it out saying she is doing it with false intentions and also if teh Limitation Act applies I can object to her filing the case altogether.

Hopefully, I will be able to get out of their nets. Thanks all.


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