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Withdrawal of DV case during mutual divorce
27-Mar-2025 (In Divorce Law)
I had filled a mutual divorce, which is in process. Also we mutually agreed to withdraw the DV case, Can my wife withdraw the DV case while devorce case is going on. Coz her lawyer is saying that either withdrawal will applied after the devorce case or after failure of counselling process.
The statement by your wife's lawyer that the DV case can only be withdrawn after the divorce is finalized or after the failure of the counseling process may not be correct. A DV case can be withdrawn or settled at any point, irrespective of the stage of the divorce proceedings. No legal requirement mandates waiting until the divorce is granted or the counseling process fails. However, you must ensure that the mutual consent agreement or settlement terms specifically include the withdrawal of the DV case. Alternatively, your wife can file a formal application before the Magistrate handling the DV case, requesting withdrawal or dismissal based on the settlement.
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Adv. Sandipan Mohanty
Bhubaneswar | 100+ Answers
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Yes of course. the DV case can be withdrawn at any time by your wife on the grounds that you both have entered into a settlement and compromise and that she does not wants to continue the case. Upon such grounds, the Court will record thet statement of both the complainant and the Opposite party and will dismiss the suit as withdrawn. During the pendency of the mutual divorce proceedings the DV Act case can be withdrawn without any legal impediment. There is no such law that DV case can be withdrawn only after divorce. For further advice contact our office, we will be happy to help you.
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Adv. Sahil Kumar Nair
Balangir | 100+ Answers
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