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Tanmay (Engineer)     06 August 2012

Withdrawal of dv case from husband's family side

Hello all,
 
My wife has filed a 498a followed by a DV case on me. It was totally unexpected that she will
file a DV case on me. My lawyer was useless at that point in time. He said my sister on
whom there was a DV case along with me should file a counter DV case on my wife, in-laws
and another relative. Eventually without thinking too much I filed the case. He had made some
false allegations for which I objected, but he said we should teach them all a lesson. My head was not working, so I filed it in my sister's name. Now, my sister is very upset about the wholething. The lawyer convinced her to file and she filed. Now she felt she should not have done that.So now she wants to withdraw. We want to do that without telling the lawyer. Is there anyeasy and simple process to do that. If yes, please let me know so that I can help my sister.

She is extremely worried and tense because of this. She doesn't want to trouble anyone.
Because of our lawyer's foolishness we did this wrong activity. We want to undo the same.
No notices have been served to the respondents yet. It is just there lying in the court.
Can my sister say there is something wrong in the petition and wants to withdraw the
same so that a fresh one can be filed. Anyway we are not going to file any fresh one. It is just to withdraw the old one. That is all. Is that a possibility please let me know about it. I reside in Chennai.

Thanks in advance for your help.

Regards,
Tanmay



Learning

 8 Replies

Shantanu Wavhal (Worker)     06 August 2012

its all a mockery.

Tanmay (Engineer)     06 August 2012

I was really brainwashed by my lawyer. I really don't know why I accepted that. It is not good I know that.
But at that time he made me feel that is the way things work in India. So I got caught up. But no notices have been served  till now. So I am have not troubled anyone with those allegations. Can someone please help. 

Manoj Choudhary (Advocate)     06 August 2012

If you want to withdraw the petition, then you have to appear before the court(where the case is) and give statement to withdraw.

You can simply say that there are chances of compromise. If compromise not done, we will file again.

Is your sister married?? or unmarried??

If Married, she can not file DV because she is not living with you.

Further info can be asked on phone. number on profile..

Tanmay (Engineer)     06 August 2012

Thanks for the reply. No, she is not married. I read it on the internet that if my sister doesn't appear for any of the
proceedings then the case will be automatically dismissed. Is that a good approach or it is better to file an application for the dismissal of the case. Please let me know.

Ranee....... (NA)     06 August 2012

If your sister filed case on your wife then you have to be a respondent of the same.I dont think married or unmarried status of a woman prevents her from filing DV .

Sree (na)     09 August 2012

You may completely withdraw the case, the court would always support to such withdrawals, you can reasonalise saying that you are no more interested in filing a case and request for complete withdrawal.....


you may approach the court where you had filed or it is better to hire a good lawyer, to do the same, and you have every right to change your lawyer whenever you want to....... or you may go to the court where they may guide through in withdrawal, by paying some migre amount fo money........

ragz hyder (PM)     05 September 2012

Mom/Dad/Sis can file Domsetic violence against daughter in law? whooo..thanks for the tip..

Shantanu Wavhal (Worker)     05 September 2012

@ ragz hyder, 

 

do not start frivolous cases & aggravate the matter.


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