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Mutual Divorce, Domestic Violence And 498a Case
02-Mar-2023 (In Divorce Law)
I got my First motion signed by my wife in Dec 20 now my second motion is in July 21...my wife has filled 498a package case and DV case on us....but before filling of mutual divorce it has been agreed that she will withdraw 498a and DV case....but after first motion she got the half money and she did not appear in court on 498a and DV case date....another date given by judge...just wanted to know if wife did not appear on DV and 498a case date how it will dispose off...if she refuse to give divorce in second motion after taking money then what will happen...I am confuse as half money gone on first motion still DV case and 498 a case running..pls guide
Hi, she can appear before the court on the next date ,and can withdraw the DV case ..If the date is after July ,she can move an application for withdrawing the case after putting up early hearing ..Also 498 A FIR can be cancelled by women cell..She has to appear before the women cell ...
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Adv. Hemant Chaudhary
Gurgaon | 200+ Answers
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Hello DV act case can be withdrawn from the court by your wife after recording her statement in the court however if there is FIR registered u/s 498A ipc and investigation report is filed by police in court FIR can only be quashed by the Hon'ble High Court. At the time of second motion you can make submissions before family court for the compliance of said terms and conditions of mutual divorce
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Adv. Ranbir Singh
Faridabad | 500+ Answers
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