Case withdrawal

1. if i withdraw my case then later can my husband again file a fresh divorce case ??

yes any one can file a fresh case 

2. after i withdraw my dv act case..then can my husband file RCR for calling me on rent ? if rcr goes in his favour and if i dnt join him on rent,then will he get a divorce on the basis of RCR ?

even if he files the court will see the possibilities and then only will order 

3. there are certain indications from my husband that he is playing some game by asking me to withdraw my dv act case.. so is it right if i withdraw my dv act case ? or i should fight the case on merits?

there are possibilities to file the case 

exactly what do you want first decide like want to stay with your husband and why is he avoiding his parents house because some times court may order you to stay with your husband also 

my husband has filed an appeal case for my eviction from my matrimonial home in the sessions court against that dv act case order wherin i can't be evicted under dv act.. now in the appeal case i have not filed my reply as yet.. on the last hearing my hubby said in the court that he wants me to come and live with him on rent and that he is ready to give in writing that i can live in my matrimonial home and aslo i can live with him on rent..he even said in the court that he is offering me some amount for a  settlement as in alimony amount to which my lawyer said he is giving a contradictory statement in the court so judge gave us a next date and asked us to give a  final statement whether to fight the case or settle..

now my decision is that i want to save my marriage and i want to be with my husband.. but he has gone on rent due to a legal tactic.. also he will call me on rent and will leave me there alone..on the other hand he is still asking for a divorce..then how can i leave my matrimonial home..once i leave my matrimonial home i won't be allowed to enter the matrimonial home..also i will never be able to give a divorce..so i don't know whether to withdraw my case or not

do not withdraw ur case.

thanks,

press click to talk option for  for more legal advice on phone.

@ r k nanda sir.. thank you.. can you please advice on one more thing?

if my husband keeps saying in the court that he will giv ein writing that i can live with him on rent and i can even live in my matrimonial home so will that be enough for him to convince the judge that dv act case should be withdrawn? also is my eviction possible in the sessions court? or civil suit has to be filed by my in-laws?

@Shivani, you are going through something very typical in any matrimonial litigation. Anyone who has entered the Family Court or the Magistrate's Court knows that there are ongoing discussions on settlement even while the litigation continues.  In settlement discussions one set of offers are made, before the Judge another set of offer is voiced and the reality in the minds of both parties is totally different.  So, how do you tackle this situation is your real question. Forget the part about your husband playing games... everyone accuses the other party of playing games. Your husband must be suspecting the same about you. Now... the answer to all your questions is: NEVER ENTER INTO A PIECEMEAL SETTLEMENT WHERE ALL GIVE-AND-TAKE IS NOT SETTLED CONCURRENT TO THE FILING OF THE SETTLEMENT.  

What this means is that whatever is agreed upon should be executed immediately. The language of the settlement should not be, for example, "husband agrees that he WILL withdraw... wife agrees that she WILL withdraw and accept ... as alimony..."  The settlement should be a one-time event which encompasses the execution of all agreed upon components. That is, upon the submission of the settlement with the Court, all other events are deemed to have taken place and the papers required to do so are filed concurrently..."  This is as close to avoiding future disputes. Also, it becomes clear if a party is playing games. If the party has ulterior motive, his/her hesitation in executing all documents concurrently reveals the true intent of the party. 

When settlement agreements are violated, the provision under Indian law is under the SPECIFIC RELIEF ACT.  The more the parties have already fulfilled their obligations, the likelier it is that the Judge will enforce the completion of the full settlement. 

Most advocates, either intentionally or out of sheer ignorance, enter into settlements that are left open-ended and they invariably end in another set of litigation which is even murkier than the first one for obvious reasons.  Of course, advocates gain in the process.

pl do not withdraw dv case at this stage