Is DV IS maintenable after mutual consent divoce
Will john
(Querist) 05 July 2019
This query is : Resolved
I and my wife filled for HMA 13B With terms of one time allimony of 2.5lakh draft which i deposited in the family court In one condition it is mentioned that she will widraw cases 1. 125(3) 2. DV ACT case 125(3) is not pressed by her In DV ACT she has given application not to continue the case and plz dispose But the judge is not ready to dispose it as per judge first 13b is decided then he will do it My question is can she not press dv case as well Or shall i wait for 13b judgement I dont trust her in future once 13b is decided she will get the money and can change the mind for widrawing the dv act case Plz suggest
P. Venu
(Expert) 05 July 2019
What is the opinion of your advocate?
Vijay Raj Mahajan
(Expert) 05 July 2019
The judge dealing with DV case cannot refuse to allow the wife withdraw her DV petition, that's wrong on his part.
The Judicial Magistrate has to record the statement of the wife for withdrawal of the D.V. complaint and dismiss the same as withdrawn.
Your advocate and opposite counsel of wife should insist for this.
Will john
(Querist) 05 July 2019
My lawyer and opposition lawyer insist to do so
First judge said both husband and wife give photos and sign that that we dont want to continue the case
We did so then judge said today i am not ordering on next date i will do that
One this date judge said once 13b is decided then i will see.
But in the plaint of 13b we already done all the formalities and stated before first motion all cases will widrawn
This was the fourth date when judge denied
First date he said to the girl why you filled the case when u have to widraw it wasting court time
Like this
�����-
Can we not press the case on the coming date?
Or we can complaint of the judge that he is not doing so because I have to travel 600km on each date leaving all my work.
Will john
(Querist) 05 July 2019
My lawyer and opposition lawyer insist to do so
First judge said both husband and wife give photos and sign that that we dont want to continue the case
We did so then judge said today i am not ordering on next date i will do that
One this date judge said once 13b is decided then i will see.
But in the plaint of 13b we already done all the formalities and stated before first motion all cases will widrawn
This was the fourth date when judge denied
First date he said to the girl why you filled the case when u have to widraw it wasting court time
Like this
�����-
Can we not press the case on the coming date?
Or we can complaint of the judge that he is not doing so because I have to travel 600km on each date leaving all my work.
Will john
(Querist) 05 July 2019
My lawyer and opposition lawyer insist to do so
First judge said both husband and wife give photos and sign that that we dont want to continue the case
We did so then judge said today i am not ordering on next date i will do that
One this date judge said once 13b is decided then i will see.
But in the plaint of 13b we already done all the formalities and stated before first motion all cases will widrawn
This was the fourth date when judge denied
First date he said to the girl why you filled the case when u have to widraw it wasting court time
Like this
�����-
Can we not press the case on the coming date?
Or we can complaint of the judge that he is not doing so because I have to travel 600km on each date leaving all my work.
Will john
(Querist) 05 July 2019
My lawyer and opposition lawyer insist to do so
First judge said both husband and wife give photos and sign that that we dont want to continue the case
We did so then judge said today i am not ordering on next date i will do that
One this date judge said once 13b is decided then i will see.
But in the plaint of 13b we already done all the formalities and stated before first motion all cases will widrawn
This was the fourth date when judge denied
First date he said to the girl why you filled the case when u have to widraw it wasting court time
Like this
�����-
Can we not press the case on the coming date?
Or we can complaint of the judge that he is not doing so because I have to travel 600km on each date leaving all my work.
Will john
(Querist) 05 July 2019
Due to technical error query is posted again and again
plz suggest
can she not press the case.
SHIRISH PAWAR, 7738990900
(Expert) 05 July 2019
It is better you complaint to registrar and to high court about the said act of judge. Judge has to allow to withdraw the application when both the parties have compromised.
Dr J C Vashista
(Expert) 06 July 2019
It would be advisable to consult your lawyer for better appreciation of facts, guidance and proceeding.
