Related to my dv and 498a
Fauziya
(Querist) 11 August 2016
This query is : Resolved
Dear Sir (s)
I am Ms Fauziya filed DV and 498a on my husband on November 5, 2015.
In 498a husband got anticipatory bail however he did not attend 1st DV date hence, we got ex-party order on the 1st date itself.
After some days my husband applied dismissal of DV on the grounds of limitation of DV, perjury and no domestic relation and no say aside with written statement. Wherein, he came up with bar council letter that I am practicing advocate.
I had 40 days of domestic relation with him. After that I stood with my parents and the cases were filed after two years of separation.
Bases on the advice of my council and police “DYSP” I approached my husband for settlement and talaq. Husband agreed accordingly, we filed joint application in DV that we wish to settle the matter our own and no further grievance is left also full & final amount is mentioned in the application. However, the order and my oral statement are pending.
I took khula on stamp paper mentioning full n final settlement done and receipt of payment confirmation. Accordingly notary had been done at the court premises itself.
Further, police took my statement and prepared C report but yet to file in the court.
Now I realized that I shouldn’t have settled the matter. I do not want this settlement; I want to continue DV and 498a. I feel my husband should be punished.
Please guide me how would I proceed since, in DV order is not yet done and C report is not submitted to court.
I wish to run both cases.
Devajyoti Barman
(Expert) 11 August 2016
You can withdraw your consent for withdrawal of both the cases.
It is permissible and you can proceed further to proceed with the case.
Rajendra K Goyal
(Expert) 12 August 2016
You have agreed to settle, taken the settlement amount, submitted statement before the court / police, why you want to proceed now on the case?
Are you sure you have enough proofs against your husband, have you discussed with your lawyer?
However, if you wish you can proceed as advised by the expert Devajyoti Barman.
