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Can wife withdrawal DV and Resitution case and file divorce
15-Nov-2023 (In Divorce Law)
Sir, I have filed a case to nullify the marriage which is a forgery one. The oppenent(she) filed two cases againt me. They are restitution of conjugal rights and domestic violence. Now she wants to withdraw these 2 cases and to give consent to nullify the marriage. The decision is taken by her own since her supporters left her alone. I am ready to accept her decision. My question is , as i said earlier can she withdrw her cases and give consent to my prayer at the sametime and how to proceed it pls clarify my doubts.
She can very well withdraw the cases and give consent to the case filed by you. I presume that the case filed by you and the restitution petition are pending before the same court, probably the family court. If it is so she can withdraw her case and submit to decree in your case at the same time. The domestic violence case must be pending before the magistrate court. There also she can very well withdraw the case. It is advisable to draft a comprehensive compromise memo and the same should be signed by both.
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