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Fighter   12 April 2018

Wife is not withdrawing dv case after mutual divorce

  1. I filed HMA 13A contested divorce case on May 2014 at City A.
  2. I filed few genuine criminal cases on wife and her relatives.
  3. Wife filed DV case in another city B on August 2015 .
  4. Nov 2015 - wife file 498a case.
  5. We agreed for Mutual Consent Divorce (MCD) in DV court and gave joint pursis in DV court with mention of MCD terms, conditions, one time alimony. Date Feb 2017. We both agreed to remove criminal cases filed on each other including DV.
  6. We filed MCD in existing divorce case on March 2017. Requested judge to convert existing HMA 13A case to HMA 13B. Drafted detailed terms and conditions and one time alimony. Submitted MCD petition by both. We also requested judge to waive of 6 months cooling period. I gave 1 DD of 50% payment to wife. Wife's father and her seperate advocate was present that time. In MCD we have agreed to close all cases including DV. and not to initiate new legal proceedings against each other.
  7. Judge asked us to come again after 3 days. 
  8. We again visited court on second date given by judge. I handed over DD of remaining 50% alimony amount.
  9. Judge ordered MCD in March 2017. I got certified copy. After that I did legally second marriage.
  10. I withdraed all criminal cases filed by me in next few weeks.
  11. Meanwhile police file negative C summary report in 498a case based on application given by her at the time of MCD and with help of MCD petition. 498a got closed.
  12. In Feb 2018 I came to know that wife have not withdrwan DV case filed by her. I visited DV court, that time i came to know that in Feb 2018 she filed one application in DV court saying that MCD was obtained forcefully. She mentions that I threatened her on phone one day prior to MCD filing. Its wrong allegation. She also mentioned that she wanted to add few terms which I did not allow her.
  13. I have submitted my SAY to her application and asked court to dismiss application and to close DV case. I have also submitted MCD final order and orders of cases closed by me. Mentioned that i complied with as agreed. 
  14. Please tell me what should be my next steps. I want to teach her lesson now. I also need some supporting judgements for my side.
  15. Can I file any criminal case against her for her this act? 
  16. Can she legally continue this DV case and extract more money from me?

Please provide me urgent and detailed suggestions with some legal references. Thank you very much.



 17 Replies

P. Venu (Advocate)     13 April 2018

you may meet the issue on merits and once discharged/acquitted, can pursue an action in tort.

Kumar Doab (FIN)     13 April 2018

Did you threaten at all?

What is the mode of alleged communication of threat?

What is the time/location?

 

One day prior to the day spouse appeared before Presiding Officer the access to police, lawyer, parental family members, witnesses, Lawyer etc etc was avaibale?

The spouse had full freedom to contact anyone and inform Presiding Officer as well...

 

Kumar Doab (FIN)     13 April 2018

The court may very well decide the conduct as abuse of process of law, harassment...

Approach a very able counsel of unshakable repute and integrity specializng in such/Family matters and having successful track record ...and worth his/her salt...

Kumar Doab (FIN)     13 April 2018

GO thru;

Bombay High Court

Arun Atmaram Patil & Ors vs Sandhya Arun Patil & Anr on 24 February, 2016

Bench: Dr. Shalini Phansalkar-Joshi

14. In that background, Apex Court held that when one party has acted on the consent terms to it's disadvantage, the other party having received the benefits which she wanted, as in the present case, she cannot be allowed to backtrack on the consent terms, as it would amount to harassment of the first party. According to Supreme Court, it would be an abuse of process of the Court, if criminal proceedings are allowed to be continued, in such circumstances. In the words of the Apex Court, "We are of the opinion that appellant having received the relief, she wanted without contest on the basis of terms of compromise, we cannot now accept the argument of the learned counsel for the appellant. In our opinion, the conduct of the appellant indicates that criminal complaint from which this appeal arises was filed by the wife only to harass the respondents."

 

Here in the case also when respondent No.1 has initially 201 WP 47 OF 2002.doc filed pursis in the trial Court for compounding of the offence and subsequently has withdrawn the same, simply for the reasons best known to her and that too, after taking undue advantage on the basis of such compromise pursis, in pursuance of which petitioner had withdrawn criminal cases filed against her and her family members. In pursuance of which the petitioner had paid her substantial amount of Rs.5 lacs towards her maintenance; in pursuance of which, even Divorce Petition also disposed of, at this stage, respondent No.1 cannot be allowed to go back and take disadvantage of technical problem on account of which case could not be disposed of earlier.

The continuation of the criminal proceeding before trial Court, in such situation would clearly amount to abuse of process of law. Therefore, said proceedings are required to be quashed and set aside. Hence order.

 

https://indiankanoon.org/doc/32590873/

Fighter   13 April 2018

She saying threat was given on phone call. One day before divorce. She have not mentioned exact date, time, phone number, calling phone number. She have not submitted any evidence. But mentioned that she can submit phone recording. Her allegation is false. How I can close DV case ASAP. Because DV case is in different city.

Kumar Doab (FIN)     13 April 2018

IT is unfortunate but IT does happen that one party is inclined to backtract, allege   fraud, corcion ,threat...

and Lawyer might have advised to do so.....

The lawyer could have asked to refrain from such conduct..... 

Fighter   13 April 2018

HMA 13a to HMA 13b conversation was requested by both parties with consent. Conversation helped in waiving of 6 month cooling off period. It saved 6 months time to get final divorce decree.

Kumar Doab (FIN)     13 April 2018

Did your estarnged spouse call you or did you call at  all  a day beofre?

The statement made is verbal or in writing on reord in court?

If allegation is made IT has to be substantiated.

Get a very able counsel and prove allegations as false. 

 

 

Fighter   18 April 2018

Q: "Did your estarnged spouse call you or did you call at  all  a day beofre?"

A: Yes, There were multiple phone calls to discuss Mutual Consent terms.
 

Q: The statement made is verbal or in writing on reord in court?
A: Her statement is in writing. She submitted that application to DV court.
 

Q: If allegation is made IT has to be substantiated. Get a very able counsel and prove allegations as false.
A: She claiming phone threatening happened in month of March 2017. Current month is April 2018. I heared that Phone companies does not keep CDR for more than 1 year. It is now 13 months plus. How she can prove CDR. She has not mentioned phone call time, calling number, duration, receiver's phone number etc. She has not submitted any phone call recording audio, but mentioned that she can submit audio. She may try to create fake audio by joining my multiple phone audio clips, or fake ... How I can defend here.
 

I know I can prove my innocence very well. But I dont want to spend more time and money. I am fighting as a Party In Person.

Your advice please.

Fighter   18 April 2018

Originally posted by : P. Venu
you may meet the issue on merits and once discharged/acquitted, can pursue an action in tort.

Can I file any criminal case on her for her conduct?

Fighter   18 April 2018

Q: Did you threaten at all?

A: No.

Q What is the mode of alleged communication of threat?

A: She is saying phone call.

Q: What is the time/location?  

A: She has not mentioned time and location. Even caller number, receiver number are not mentioned. She has not produced any phone recording audio also.

Q: One day prior to the day spouse appeared before Presiding Officer the access to police, lawyer, parental family members, witnesses, Lawyer etc etc was avaibale? The spouse had full freedom to contact anyone and inform Presiding Officer as well...
A: She was staying with her parents at different cirty at a distence of 110km from my city. She was having her own lawyer. My lawyer was seperate. DV court was at her City only. On final day of Mutual Consent divorce we both went to Police officer to withdraw ipc 498a case filed on me. She gave writen statement to police and based on that police closed 498a case with C Summary report than chargesheet.

Please suggest me some judgements, points to fight this allegation effectively.

Kumar Doab (FIN)     19 April 2018

Originally posted by : Fighter
Q: "Did your estarnged spouse call you or did you call at  all  a day beofre?"

A: Yes, There were multiple phone calls to discuss Mutual Consent terms.
 

Q: The statement made is verbal or in writing on reord in court?
A: Her statement is in writing. She submitted that application to DV court.
 

Q: If allegation is made IT has to be substantiated. Get a very able counsel and prove allegations as false.
A: She claiming phone threatening happened in month of March 2017. Current month is April 2018. I heared that Phone companies does not keep CDR for more than 1 year. It is now 13 months plus. How she can prove CDR. She has not mentioned phone call time, calling number, duration, receiver's phone number etc. She has not submitted any phone call recording audio, but mentioned that she can submit audio. She may try to create fake audio by joining my multiple phone audio clips, or fake ... How I can defend here.
 

I know I can prove my innocence very well. But I dont want to spend more time and money. I am fighting as a Party In Person.

Your advice please.

IT is not 13 months.

OP always had access to her paternal family, lawyer, and could scream anytime before police, presiding officer as well...

Her written statement is owned by her..

You are confident of proving your innocense and prove 

 

Kumar Doab (FIN)     20 April 2018

If any of the spouse backtracks after having benefitted from consent terms the court may still dissolve the marriage..

Apparently the OP after collecting the monetary benefits is backtracking..

Fighter   20 April 2018

I already have divorce decree in hand. Which I got in March 2017.

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