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W A   25 December 2015

Dv case mediation process

Dear Sir/Madam,
My brother and other family members were made accused in Domestic violence case by his wife. The woman later agreed for mediation and court was informed accordingly on last date. The two of them have agreed for divorce as well as other consent terms, however there is one issue which is causing conflict
Questions:
1. If there is compromise between parties and they agree to go for divorce, then can the woman i.e. petitioner withdraw the DV case or not after the judge is informed about the settlement.
2. The woman's lawyer says it is the process to keep the case pending till the divorce is finalized in family court. Is it true? 
3. How can she be pursuing my brother in DV case while expecting him to be co-petitioner in mutual consent divorce in family court? 
4. why should judge sitting in JMFC waste time on a case where couple has negotiated a settlement and have told that they will go for mutual consent divorce? what is it that judge is going to hear in such case on each date of hearing?
5. does my brother need to keep paying the advocate the charges on each date for not doing anything because the woman's lawyer says the case will be kept pending till divorce so it could mean some considerable amount for lawyer to come to court on each date but not do anything for the case.
6. Is the woman lawyer lying? 
7. Is there a way for couple to inform the judge about settlement terms and finish of the case?
8. What happens on future hearing dates if my brother or his advocate don't show up and/or his wife's advocate do the same..



Learning

 2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     25 December 2015

Repeated query

https://www.lawyersclubindia.com/experts/Domestic-violence-case-procedure-post-successful-compromise-576396.asp

Sidharth   25 December 2015

 First you need to draft and sign MOU in which you should mention all the terms and conditions including withdrawal of complaint under Domestic violence act.

 

 If you are giving one time alimony just mention it in the mou that it will be done during the second motion in the presence of honourable judge.dont agree to give amount  anytime before that

 

 

 

 


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