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 in JMFC Court, Thane.
2. 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 told as informed to him by his lawyer)
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? 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?
5. 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?
6. Whether he should inform the court that the case be decided on merits and proceeded forward?
7. How the husband should defend himself?
Please suggest.
Thank you
SAM
Devajyoti Barman
(Expert) 06 November 2014
The compromise by way of staying together is based upon mutual trust and faith. No manner of undertaking will ensure it but the collective effort of both parties.
If both the parties want to start afresh then DV case should be withdrawn and start living together No undertaking or affidavit is required.
Rajendra K Goyal
(Expert) 06 November 2014
No undertaking or affidavit can force both to live together peacefully if mutual understanding and trust is missing. If actually want to live together, avoid such steps and develop required trust and respect.
ajay sethi
(Expert) 06 November 2014
husband should accept wife offer of with drawing case and let them both stay together in native place
T. Kalaiselvan, Advocate
(Expert) 06 November 2014
If husband had volunteered to take his wife with him and live with her in his native place and she also agreed to it, the only condition the husband may place is that she withdraw her pending case. He cannot ask/force her to give an affidavit that she will not file any case against him in the future, which means that he will do anything to her afterwards but she should bear everything silently and should not complain against his cruel acts, how do you think that this condition is justified? Therefore you cannot force her to sign an affidavit or enforce any such condition to take her back.
SAM
(Querist) 07 November 2014
Dear Sir,
Would like to inform you that wife has harassed husband in many ways by filing various complaint in various police stations and that why husband has no intention to take his wife back and decide the case on merits.
Can husband oppose to the court that his wife is withdrawing the case in the evidence stage and can inform the court that first the case be decided on merits and then he will decide??
malipeddi jaggarao
(Expert) 07 November 2014
Your brother represented that he would take his wife to native place and live her but in reality he does not any intention! But he wants an affidavit from wife that she would withdraw the cases!! He will not abide his words and he doubts her that she will also not!!!
Already both them are under the advice of their respective advocates. You be a mute spectator.
T. Kalaiselvan, Advocate
(Expert) 11 November 2014
If the husband has already informed court that he is ready to take her back to his native place, how can he object her withdrawing the case and what is the necessity? because it is on this condition he made his intentions very clear that he does not wants to contest the case anymore and is ready to take her back (?)
SAM
(Querist) 21 November 2014
Dear Sir's,
My Elder brother is innocent and all the allegations made by his wife are of very serious and grave nature in the DV case. Suddenly she is withdrawing he DV complaint from the court and suddenly she realises that my elder brother as LORD RAM (Every time she used to call him as RAVAN). That's my query before the ld. experts.
How would any one after contesting the case for 11 months suddenly at the evidence stage withdraw the case and change her advocate?
We want this case to be tried on merits basis and just by withdrawing the case by her all the allegations on my elder brother are not gone. They are still there.
Can by elder brother request the court that she files sworn affidavit before the court that the DV case filed is false as well as letter written by the Applicant to the Sr. Inspector that all the complaint filed before the police station are false as well as Public notice in local newspaper that all the case filed in the court regarding DV case are false.
Request learned lawyers to reply.
Regards,
SAM
