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can we apply 2nd motion before the withdrawl of domestic violence case


15-Dec-2023 (In Divorce Law)
Hello Everyone, I have a question , my first motion is done and now have to apply for second motion. Can I apply for second motion if wife has not withdrawn the dv case. She has not appeared in the dv case to withdraw the dv case. New date is given Can we apply for 2nd motion before before the dv case date. she will surely withdraw the case on the next date. Thank you all
Answers (3)

Answer #1
504 votes
sure you can. in fact you can make withdrawal of the dv case as one of the terms of settlement of your divorce case. not just the dv case, but also other cases that may have been filed against you by your wife will stand withdrawn if you mention them in your terms of settlement.
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Answer #2
550 votes
Hi, As per your query one motion for seeking divorce by way of mutual consent has already been done. Now you guys want to file the 2nd motion seeking decree of divorce. It would be prudent for you to get the dv case withdrawn before filing 2nd motion. You may contact us for further advice
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Answer #3
669 votes
you can surely go for second motion of divorce without withdrawing DV. but keep in mind you settlement/ memo of understanding. DV can be disposed off independently. Divorce court will not be bothered about DV. all the best. Thanks My Regards
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