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What will be the status of DV case after divorce by mutual consent?


05-Oct-2023 (In Divorce Law)
I field a consent divorce two years back. Last year I withdrawn the consent divorce case, & myself & wife filed for mutual consent case. But without to my knowledge, she has already filed domestic violence case against myself & parents, where we came to know after filing the MC. If we get the divorce through mutual consent, what will be the status on the domestic violence case. Whether It will stand or will the case dismiss? Please reply.
Answers (2)

Answer #1
899 votes
when there is divorce decree by mutual consent she can't file the domestic violence case against you and your parents. if the case is filed after divorce decree it is not maintainable and has to be dismissed. if you have received the court notice for the domestic violence case you have to appear before the court and produce the divorce decree copy to bring the same to the knowledge of the court.
for further clarifications you can revert back to me along with the case papers and divorce decree passed by the court.
Answer #2
780 votes
Sir, during pendancy of the Mutual Divorce case, she cant file a case under DV ACT. here she need to prove the violence.

you can do one thing. at mediation process, please ask other side to withdraw all cases before to sign the agreement of mutual consent.

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.

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