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(Guest)

Divorce case

Dear Sir, I wish to know whether if spouse/husband can file a defamation case against wife after wife withdraws her litigation cases like domestic violence and Divorce cases filed by her against husband's family. 

 



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 5 Replies

R.K Nanda (Advocate)     25 November 2024

yes he can file defamation case.

Dr. J C Vashista (Advocate )     25 November 2024

Whether notice has been served upon the husband and DIR filed by the Protection Officer ?


(Guest)

It's a dv case filed 8 years back, as soon as the case reached evidence stage, she started to skip the dates, the case was dismissed on account of continued default, but was reluctant to withdraw the case, without withdrawal of case, she is asking of a settlement now. Can we proceed as the risk of restatement of case after settlement persists.

Dr. J C Vashista (Advocate )     25 November 2024

She had filed DV complaint case against you, which is stated to have been dismissed for non-prosecution, what remained there for withdrawal in the case ? Nothing and file is already closed for ever.

Why do you intend to get it restored and what is your interest and locus standi to get the case reinstated ? 

It is in your favour as the case has do not exist. Terms and conditions of settlement, if any may be decided cautiously in consultation with your lawyer. 

Prima facie it is a fabricated and time pass story.

T. Kalaiselvan, Advocate (Advocate)     25 November 2024

The DV case is reported to have been dismissed then where is the question of withdrawal of the same.?

You can worry only when she files a petition to restore the dismissed case.

Since she already dragged the case for years earlier, she may not be able to prosecute it properly even if it is restored, hence don't budge to any pressure.


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