Dv case withdrawal - will it effect 498a case too

Can i file defamation case on my wife and her family for dragging me into false case?

Yes, you can file defamation case any time.

• Most of my Investment Jwelery and furniture is with her for which I have bills, can i request Judge to get it back b4 deisposal.

You have the bills, however, how have you paid for the bills, (cheque,cash,credit card), first ask yourself will you be able to prove that the bills are paid by you by your own money

Second, will you be able to prove that she has taken the jewellery and furniture?  What if she says that she paid for all the jewellery & furniture. and if she says that she has not taken them?

also if jewellery has been gifted to her, then it becomes her property and she has the right to take it anytime.

Thanks Gautam,

I can prove that she has all the Jwelery and furniture..not an issue..and yes all things were purchased by white money and can be accounted for.

I am more inclined to get answeres to my first 4 questions- they are more important at this stage.

Experts please advise.

Dear Querist

my opinion on your queries are as under

• I have a Interim Visitation Application in the DV case , will it be decided first before case id disposed?
• Opinion: in DV Case Husband has no right to file interim visitation application so your application is not maintainable and will be dismissed.
•  

• 498a case and DV case has same allegations, can i request Judge to tell the Opposite party to withdraw the 498a case too.

Opinion: you can, but no fruitful outcome will be get because its her choice to withdraw DV Case and 498 A case can not be withdraw untill and unless she filed a private complaint before court u/s 190/200 of Cr.P.C

• Will Judge ask my NOC to dispose the case.

Opinion: your NOC is not required

• Can i file defamamtion case on my wife and her family for dragging me into false case.
• Opinion: yes you can file.
•  

• Most of my Investment Jwelery and furniture is with her for which I have bills, can i request Judge to get it back b4 deisposal.
• Opinion: in this case you can not but you can file a recovery suit before civil court.

Feel Free to Call

Hi Nadeem Ji, Firstly Thanks for the reply Opinion: in DV Case Husband has no right to file interim visitation application so your application is not maintainable and will be dismissed. >> I beg to differ here with you as if the interim application is not maintainable it would not have been entertained while filing itself, opposite party has also submitted say on the said application and its pending on Argument stage.

Opinion: your NOC is not required

>> U mean Applicant can file and withdraw at their whims and fancies whenever they feel to.

And the respondent facing the trial has no say in it, he is not even asked?

Rest all u clarified thanks.

• I have a Interim Visitation Application in the DV case , will it be decided first before case id disposed?

YOU SAID THAT SHE IS INTENDING TO WITHDRAW DV CASE FOR THE REASONS BEST KNOWN TO HER.  BUT I KNOW THE REASON.  AS YOU FILED INTERIM VISITATION APPLICATION IN DV CASE AND SHE IS ANTICIPATING THAT YOUR APPLICATION WILL BE ALLOWED, SHE IS, AS A PREEMPTIVE STEP, IS GOING TO WITHDRAW DV APPLICATION.  IT IS ABSOLUTELY HER PREROGITIVE TO WITHDRAW DV CASE AND YOUR PERMISSION IS NOT REQUIRED TO WITHDRAW AND ONCE SHE WITHDRAWS DV CASE ALL THE ORDERS PASSED IN THE CASE AND ALSO INTERIM APPLICATION(S) WILL BECOME INOPERATIVE AND INEFFECTIVE.

• 498a case and DV case has same allegations, can i request Judge to tell the Opposite party to withdraw the 498a case too.

NO. AS SECTION 498-A CASE IS STATE CASE THAT ARISEN OUT OF FIR, SHE CANNOT WITHDRAW IT BEFORE MAGISTRATE.  IF AT ANY FUTURE POINT OF TIME SHE ACCEPTS FOR WITHDRAWAL, YOU BOTH HAVE TO MOVE HIGH COURT FOR QUASHING THE CASE.  OTHERWISE, YOU CAN MOVE DISCHARGE APPLICATION AT THE TIME OF FILING THE CHARGES, BUT THE RESULTS ARE BLEAK FOR THE REASON THAT SHE IS NOT WITHDRAWING DV CASE ON THE GROUND THAT THE ALLEGATIONS ARE FALSE.  WHILE WITHDRAWING THE DV SHE WOULD NOT TELL THE REASON AND PUTS A SIMPLE SUBMISSION "I WANT TO WITHDRAW DV CASE".  

• Most of my Investment Jwelery and furniture is with her for which I have bills, can i request Judge to get it back b4 deisposal.

IF YOU PROVE THAT IT IS NOT STRIDHAN OR GIFTS GIVEN TO HER ON ACCOUNT OF MARRIAGE AND YOU REALLY INCURRED THE AMOUNT FOR PURCHASE OF JEWELLERY AND ALSO PROVE THAT THOSE ARE LYING WITH HER, THEN BY FILING RECOVERY SUIT, YOU CAN GET THEM BACK.

I am not an advocate, but here is my 2 cents advice:

The crux of your entire question is in the following statement:

"Now my wife is planning to take the DV case back for reasons best known to her."

While it is true that any case can be withdrawn, the process and the manner in which it is done have implications, and sometimes very serious ones. The legal question to ask is:  Is a DV case compoundable? As DV itself is not codified under any section of Cr.PC and/or there are no judgments to my knowledge on whether a DV case is compoundable or not, withdrawal is a gray issue. In general, there is no straight answer to the question: Can a criminal complaint be withdrawn? For example, if you witnessed a murder of a person, can you go and withdraw the complaint? Clearly not. Therefore the law provides for the notion of compoundable and non-compoundable offenses. DV is a quasi-criminal so whether it is compoundable or not is a grey area.

There are also many judgments to say that once a wife withdraws a complaint after filing it, she effectively condones the allegations (even if they are true) and therefore the same cannot be realleged later. Please check for this with some knowledgeable advocate...

In western jurisdictions, withdrawal of a complaint usually attracts res judicata defenses from a civil perspective, unless the Judge dismisses the complaint "without prejudice." Doing so "without prejudice" enables refiling.  As CrPC and not CPC is applicable to DV, I am unsure if res judicata defenses can be applied if she refiles the same.  See if you can file an application asking the Judge to have the withdrawal be with prejudice (so she cannot refile). I doubt that is possible in our Courts but again check on this aspect.

As for any application filed by you in DV case, if I am the advocate of your wife, I will argue straight away that there is absolutely no provision in the DV Act to grant any relief of any kind to any man, let alone the defendant or husband. I do not know how the Judge can grant you any non-procedural relief of substance under the DV Act. The only relief that a man gets in a DV Act are procedural applications (e.g. calling a witness, asking for some documents to be presented, etc.) OR the denial of any relief sought by the woman against him. Nothing more. There are other Acts under which you can get relief from your wife. DV is not one among them.

I have given you some pointers for thinking. These are not definite answers.

Hi Samir,

DV is compoundable to best of my knowledge and as Judge has already told them to follow certain criteria's before filing for withdrawal, i believe it can be withdrawn easily.

Yeah, once case is withdrawn she may not open the same case again on same grounds.

Their are Judgments in DV case where father has been given Visitation u/s 21 of DV.

I am utilizing the same here, Let the Judge disagree to those Judgments and rule against it...i have doors of Family court open for me, only thing is some months will go away before any order is passed.

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