Re: wife withdrawing domestic violence case at evidence stage

SAM (Querist) 06 November 2014 This query is : Resolved
Dear Ld. Respected Sir's,

Below is details of my elder brother's case:

1. Wife File DV case against her husband and his parents and younger brother

2. At evidence stage when court asked the husband, what husband has decided? then husband informed court that he will take his wife permanently in his native place. (actually husband has no intention of taking his wife in native place, he just want to decide the case on merits, but as informed to him by his lawyer he spoke in court)

3. After hearing this wife informed court that she is ready to go with husband to his native place (actually she wants to withdraw the case and then file NC in native place in police station and then reopen the case. Her advocate was not present before the court when she said that she wants to withdraw the case). Even the husband side advocate was not present before the court as he was out of the town.

4. What should the husband say in this situation?

5. Should the husband inform the court that his wife should file undertaking cum affidavit before the court mentioning that she will never file any criminal case or complaint of any nature in any court in India or in police station?

6. Whether the husband should inform the court that if she is not filing affidavit/undertaking before the court then husband will not take her to native place (Whether affidavit cum undertaking filed by wife before the court has value? After filing the affidavit by the wife, can the husband be secured that she will and cannot file any case against him in any court or in police station?

7. Whether he should inform the court that the case be decided on merits and proceeded forward?

8. How the husband should defend himself?

Please suggest.

Thank you

SAM

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