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DV withdrawal & Divorce with mutual concent terms


01-Apr-2024 (In Divorce Law)
Husband and wife are in court allegation through DV matter ( Hindu religion) . However, they are entering into concert terms which includes divorce and withdrawal of DV. So what is it’s advisable as a step: 1. withdrawal DV and then have divorce 2. Have divorce and then withdraw DV case. So that both can separate amicably.
Answers (2)

Answer #1
523 votes
Ideally, file consent terms with all terms and conditions of alimony, child custody/visitation rights, remarriage, streedhan, withdrawal terms, in court accordingly withdraw DV case. DV case withdraw will need caution as it's criminal case. take expert legal advice. contact for further assistance.
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Advocate Krinjal S. Ahuja

Adv. Krinjal S. Ahuja

LawRato Mumbai | 100+ Answers
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Answer #2
856 votes
If the client has trust issues against each other so it is advisable to first take Divorce and then withdraw DV matter. Or else the other option is also fine as this will be included in consent terms and by any chance the wife doesn't withdraw her Dv matter it will be non compliance of consent terms.I even have judgements wherein a party did nt withdrew the matter and was later imposed cost by the court.
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Advocate Amreen Shah

Adv. Amreen Shah

LawRatoMumbai | 50+ Answers
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