171+ Lawyers are online 
DV case not withdrawn after the first motion
10-Aug-2023 (In Divorce Law)
I and my wife have settled our case in Mediation centre Court. As per the terms & conditions she has to withdraw DV act within a week after first motion and FIR quashing will be done after second motion. The amount is to be paid in 3 instalments, 1st instalment on 1st motion, 2nd instalment on 2nd motion & 3rd instalment on FIR quashing. Our 1st motion was done on 23rd July,18 in which we have given her amount as agreed. But till date, she has not withdrawn the DV act case. Also, she has not appeared on the next date of hearing in DV act case which was on 9th Aug,18. Her advocate is also not appearing now. In the first motion, we have submitted the affidavit in the family court in which we have mentioned that if any party breaks the settlement deed in between then they have to pay a certain amount to the second party and also return back the amount taken. So, I want to know what action can we take against her now? Please tell me the section no. of IPC which is to be put in this case on wife by me.
Hello client I have read Ur query.at present Ur worried because of Ur wife who.have settled Ur dispute in mediation and as per the agreement which is been finalised in mediation which I have complied in every sense but Ur wife along with her advocate is trying to fool u now they are not appearing in matters now. So I can take legal action against them so they will get prosecuted under false statement in court.
Helpful?
40+
40+
Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
CONTACT NOW
What is an example of a stay order?
A stay order means that certain parties cannot take certain actions as long as the order is still in effect. A stay order in a bankruptcy means, for example, that creditors are not allowed to try and collect debts against the person who filed bankruptcy.
What is the validity of stay order period?
According to the order of the supreme court, all stays will be valid for six months from the date of order. If there is not a specific order such as until further order or until next hearing then stay will continue in force. 1.
How much does a stay order cost in India?
Costs for filing a suit and a stay petition can range from Rs. The cost of filing the suit and staying petition can range from Rs. Depending on the fee charged by the lawyer, the amount can range from 40K to Rs. It is worth it, however, if the stay decree is granted and the appellant benefits.
When can a stay order be granted?
The Supreme Court of India has outlined three main circumstances in which courts can grant a stay order: balance of convenience is not in favour of the alleged offender. Stay order does not cause irreparable injury or harm. There is a prima-facie case for the stay order.
Ok As per your query it seems that there is a clear settelment between both the parties. But she is failed to complete it, I hope you have an agreement of settlement , which is full signed by both the parties, if yes and still she is failed to perform it, in that case you can file contempt of court against her as she breach the agreement.. for any further queries you can contact me.
Helpful?
33+
33+
Adv. Nishi Verma
Delhi | 25+ Answers
CONTACT NOW
Sir first of all change your lawyer . As this is criminal case and it can be never with draw in it there is no value of the MOU you made in the mediation center . Sir file application for the police investigation at the family court for the domestic violence case . in it when the police submit the closer report in the family court then with that report you the husband need to go to the Honorable high court to quash the case . Then back to the family court and file the defamation on wife with cost . And go for the divorce.
Helpful?
46+
46+
This is a common practice that most of the parties follow upon the settlement of the case. However, no need to panic unless your wife has expressly denied giving her consent for the second motion. If you had apprised the Hon’ble court where the Domestic Violence proceedings are going on about the settlement between you and wife the court will not pass any adverse order against you. Further, on the next date if your wife does not appear request the court to issue court notice to the complainant. At times, the complainant appears after the court notice. Therefore, no need to panic.
I would suggest you to not look for pressing the clause of damages in your settlement and rather get done with the divorce. It will take up another few months to follow the other path.
As far as what you can do now, call your wife’s lawyer or her and ask her to appear and withdraw the case. If you do not wish to contact either of them then appear before the Domestic Violence court on the next date and ask the court to issue court notice. You can recover the amount that has been paid to your wife if she withdraws from her consent. Moreover, you can file a cheating case against her, but there is less likelihood of success in the criminal case, if so filed, as there are a number of judgments passed by Supreme Court of India supporting the withdrawal of consent after first motion. Nobody can compel the other party to give consent under pressure.
I would suggest you to not look for pressing the clause of damages in your settlement and rather get done with the divorce. It will take up another few months to follow the other path.
As far as what you can do now, call your wife’s lawyer or her and ask her to appear and withdraw the case. If you do not wish to contact either of them then appear before the Domestic Violence court on the next date and ask the court to issue court notice. You can recover the amount that has been paid to your wife if she withdraws from her consent. Moreover, you can file a cheating case against her, but there is less likelihood of success in the criminal case, if so filed, as there are a number of judgments passed by Supreme Court of India supporting the withdrawal of consent after first motion. Nobody can compel the other party to give consent under pressure.
Helpful?
40+
40+
Adv. Anirudh Kanav
Delhi | 25+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Retrieve streedhan from husband and how to get maintenance from husban
- APPEAL file at highcourt by ex-wife
- How to get court order to return my wife from USA along with child
- How to withdraw compromise memo which is filed before lok Adalat hindu
- Understand matrimonial alimony maintenance payment laws
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
