LawRato

False DV case withdrawl unconditionally at evidence stage


01-Apr-2023 (In Divorce Law)
My wife filed a Restitution of Conjugal right (RCR) after leaving my house at her own will living for ~50days. During mediation of Section 9 RCR when I said I am not interested to continue the relationship anymore with a person of such character she filed a false DV case (section 12, 22(compensation)) against me and my family members accusing me of cruelty, dowry harassment, and asked for 40 lakhs compensation. Every accusation in the petition is false and baseless without any evidence. I stated in dv court that there is no chance for settlement. So the case is moved to evidence stage. RCR section case is also in evidence stage. - Now she wants to withdraw the DV case . Can she do that after making such false allegations. Will the court ask/ can I request court to instruct her to file an affidavit stating the case is withdrawn as it is false? - Does the fact that she filed and then dropped the dv case a valid point of cruelty that I can raise during RCR and divorce procedure?
Answers (3)

Answer #1
586 votes
You can successfully file for divorce on the basis of cruelty and attach the copy of the order of withdrawal of the DV case and satisfy the court that the following cases was just filed to harass you and your family members. For more legal assistance I am just a call away.
Helpful? LawRato22+ LawRato
Advocate Jitender Singh

Adv. Jitender Singh

LawRato Delhi | 1000+ Answers
Chat with Advocate Jitender Singh Chat 
Answer #2
980 votes
You can take this as a ground for divorce and take divorce following Brie process of law since u r already in litigation then discussing with your lawyer is the best way since he knows all details of the matter accurately Thus resists RCR and file divorce is best
Helpful? LawRato17+ LawRato
Advocate Madhu Tyagi

Adv. Madhu Tyagi

LawRatoDelhi | 200+ Answers
Chat with Advocate Madhu Tyagi Chat 
Answer #3
741 votes
Yes, filing frivolous cases with the intention to harass a person shall amount to cruelty. However, an affidavit stating that cannot be instructed. An affidavit is based on the free will of the person. You may press for recording the statement that she has withdrawn the complaint. Thereafter, allow the divorce procedure to take it's course and make submissions as per your wants.
Helpful? LawRato13+ LawRato
Advocate Kunal Sinha

Adv. Kunal Sinha

LawRatoDelhi | 200+ Answers
Chat with Advocate Kunal Sinha Chat 

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.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato