How to withdraw domestic violence case ?

Question

How to withdraw domestic violence case ?

17-Jul-2024 (In Divorce Law)

I have filled a dv case against my husband 7 months a ago and now just want to withdraw my case. but my advocate are saying its a big risk, opposite party can also do case against me, but my husband stays in Dubai, he attended 3 herring and then went back but advocate are doing nothing, so I just want a divorce and don't want to continue this case. can domestic violence case be withdrawn ? I'm Muslim, so my advocates are saying i can't go to family court I have to go to some masjid where they do divorce. please advise thanks and regards,

Answers (5)

Yes -a Muslim woman can seek to withdraw a domestic-violence application but only with the court's permission and subject to the court's satisfaction; magistrates under the Protection of Women from Domestic Violence Act, 2005 may refer matters to mediation, record compromises and pass orders on settlement (see the DV Act text [https://www.indiacode.nic.in/bitstream/123456789/15436/1/protection_of_women_from_domestic_violence_act%2C_2005.pdf]). Courts have upheld recording and enforcing mediated settlements under the DV Act (Kerala HC: Mathew Daniel v. Leena Mathew). [https://ibclaw.in/mathew-daniel-vs-leena-mathew-kerala-high-court/] For criminal charges that accompany DV allegations, the new criminal procedure permits withdrawal of a complainant's complaint before final order with magistrate approval (BNSS s.280). [https://sanhita.ai/en/bnss/chapter-21-trial-before-a-court/section-280-withdrawal-of-complaint] However, withdrawal/compounding may be resisted if the offences are non-compoundable or in public interest. If she wishes to end the marriage she may directly approach the Family Court for dissolution (khula or other remedies); courts have held that family courts can record/recognize extra-judicial khula and grant declaratory relief -religious/masjid procedures are not a precondition to invoking civil/family courts (see authorities on recognition of khula and the Supreme Court's triple-talaq ruling in Shayara Bano). [https://www.legalservicesindia.com/law/article/1008/16/Women-Governed-By-Muslim-Personal-Law-Can-Invoke-Provisions-of-DV-Act-And-Seek-Relief-Bombay-HC] [https://www.benchnotes.in/post/shayara-bano-vs-union-of-india-2017-9-scc-1-triple-talaq]

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Adv. Sushama Mohan Adv. Sushama Mohan

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Advocate Sudarshan Desai LawRato · Accepted Answer · 2024-07-17T18:34:51+05:30

Answer #2

It is always better to keep the DV case pending till you get everything settled. You can file for divorce and only a court of competent jurisdiction can grant divorce to you two. If your husband is willing to part ways without any fight, you can always get it amicably.

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Adv. Sudarshan Desai Adv. Sudarshan Desai

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Advocate Ananmika K Tiwari LawRato · Accepted Answer · 2024-07-17T18:34:51+05:30

Answer #3

U can file a separate divorce petition in family court and let this continue. This is different than ur dv petition. Do not withdraw it. Let the court dismiss it by passing an order. Please consult for further needs

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Adv. Ananmika K Tiwari Adv. Ananmika K Tiwari

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Advocate Pallavi Digambar Sonawane LawRato · Accepted Answer · 2024-07-17T18:34:51+05:30

Answer #4

Hi, as per Muslim law, you cannot take divorce through the Family Court. You have to obtain a Khula (divorce) from the Qazi. Under Muslim law, if you live separately for more than three years, your husband has the right to marry again.

Regarding the Domestic Violence case, if you wish to withdraw it, you need to file a simple petition to withdraw the case in court. There is no harm in withdrawing the case if you want to do so voluntarily.

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Adv. Pallavi Digambar Sonawane Adv. Pallavi Digambar Sonawane

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Advocate Antara Jayant LawRato · Accepted Answer · 2024-07-17T18:34:51+05:30

Answer #5

YOur advocates are guiding you well. It is advisable to keep the Domestic Violence Proceedings on record. These proceedings will strengthen your stance in a Divorce Case. The opponents will definitely get an advantage if you withdraw the DV Proceedings. Seeking divorce or relief in Domestic Violence Proceedings is different from shopping in a mall. Your wish to "just get a divorce" and the Court's Decree of Divorce are two completely different things. Secure yourself legally. Safeguard your rights by pursuing the DV Proceedings. All the best.

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