Domestic violence case procedure post successful compromise
W A
(Querist) 22 December 2015
This query is : Resolved
Dear Sir/Madam,
My brother and other family members were made accused in Domestic violence case by his wife. The woman later agreed for mediation and court was informed accordingly on last date. The two of them have agreed for divorce as well as other consent terms, however there is one issue which is causing conflict
Questions:
1. If there is compromise between parties and they agree to go for divorce, then can the woman i.e. petitioner withdraw the DV case or not after the judge is informed about the settlement.
2. The woman's lawyer says it is the process to keep the case pending till the divorce is finalized in family court. Is it true?
3. How can she be pursuing my brother in DV case while expecting him to be co-petitioner in mutual consent divorce in family court?
4. why should judge sitting in JMFC waste time on a case where couple has negotiated a settlement and have told that they will go for mutual consent divorce? what is it that judge is going to hear in such case on each date of hearing?
5. does my brother need to keep paying the advocate the charges on each date for not doing anything because the woman's lawyer says the case will be kept pending till divorce so it could mean some considerable amount for lawyer to come to court on each date but not do anything for the case.
6. Is the woman lawyer lying?
7. Is there a way for couple to inform the judge about settlement terms and finish of the case?
8. What happens on future hearing dates if my brother or his advocate don't show up and/or his wife's advocate do the same..
Dr J C Vashista
(Expert) 25 December 2015
@ W A,
Reveal your identity to get FREE advise in terms of rules of this platform. No reply for an anonymous author. Contact and consult your lawyer.
W A
(Querist) 25 December 2015
Dear Mr.Vashista,
Are you an expert for real? If you want to give advice based on who the person is then might as well not respond to queries posted.. The issue is more important or the name/face of person?
Thanks for nothing...total waste of time..
SAINATH DEVALLA
(Expert) 25 December 2015
Dear Querist, U are here to receive suggestions from the legal experts,hence UR identity has to be revealed or else it will be treated as anonmyous.Moreover U have to mind UR language when U R replying to Sr Legal Experts.If U feel it is a waste of time,U have other avenues to get UR problem solved.
Rajendra K Goyal
(Expert) 25 December 2015
Consult senior lawyer, show him all documents including consent terms and discuss in detail.
Please maintain decorum, respected expert Dr J C Vashista is very senior and aged fellow. Try to avoid such comments.
K.S.Srinivas
(Expert) 26 December 2015
I agree with the experts.
T. Kalaiselvan, Advocate
(Expert) 01 January 2016
I do not approve your arrogant attitude towards senior experts of this prestigious forums especially when they render selfless social service in the form of legal advises to the needy. Certain norms are being maintained here in this forum hence you may have to observe them especially when a senior expert has pointed out that instead or retorting to it by getting provoked over he good for nothing issue.
However as a courtesy, I give my opinion to your queries herein below:
1)Yes,
2)It is not necessary to keep this pending until divorce case is disposed, it can be disposed now itself, there is no relevance on this for that.
3)There is no connection between the DV case and divorce case.
4)You cannot ask the judge about this, it is your problem, you should decide about it and not the court, the court will be ready to conduct the proceedings in DV case as per law.
5)This is a local issue, you can decide about it accordingly.
6)ask her.
7)Why not, even your brother can inform the court about this divorce settlement, the court will confirm it from her and may decide about the disposal of DV case accordingly.
8)You may watch the developments and this question may be asked from your own advocate who will be a better person to answer you because it is he who derelicts his duty.
