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Can i take back the DV case i filed against my husband


27-Oct-2023 (In Divorce Law)
My Divorce case is going on. I have filed case of Domestic violence against my Husband and he has filed case of Divorce against me. This started in February 2016. From February he never appeared in front of the court wheras I never missed exept for one, due to my health problem, he claims that he cannot give even a rupee as maintainace even though he is a well settled person with a high post in a reputed company in Thane. Marriage lasted for nearly 3 years {from 2012}. He and his sisters {in-laws} continuosly tortured me mentally as well as physically. I am currently suffering from HIP-TROCRANTRIC BURSITIS & INFLAMMATORY ARTHRITIS. Thus I can't walk without stick in my hand. So my doubt is whether I can withdraw my Domestic Violence case and file Divorce case against my husband to get rid of him as soon as posible. thanking you, yours sincerly
Answers (3)

Answer #1
655 votes
Hi I gone through your queries,
Yes you can withdraw your case any time but your presence is required at the court. If you have filed interim application for maintenance and once order is passed he has to pay maintenance amount to you anyhow, if he is not ready to pay then his property will be sold out and recovered money will be given to you. For further questions you can contact me...
Answer #2
738 votes
Yes u can withdraw ur dv case if u want. Secondly though he is denying to pay maintenance u can claim it through since u already have sufficient medical grounds. Thirdly u can file divorce case against ur husband but mutual divorce is advisable as husband has already filed one divorce case.
Answer #3
975 votes
Better way to get relief is mutual consent divorce where both party were mutually agreed for separation since one year. Before it finalise the terms of divorce and get it agreed by both the party on it.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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