DV case not withdrawn after the first motion

911 votes

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.

Advocate Vishwanath Pratap Singh LawRato

694 votes

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.

Advocate Nishi Verma LawRato

503 votes

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.

LawRato LawRato

524 votes

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.

Advocate Anirudh Kanav LawRato