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ms k   17 July 2024

Harassment after divorce, dvc to be run?

help please,

Got married through arranged marriage. But due to extreme torture from husband and father in law, applied DVC and 498. wanted to come out of relation hence, agreed for mutual consent with only 1 lakh rupees as alimony as i wanted out of abusive relationship. terms of MOU were i will be withdrawing 498 and DVC cases. i had withdrawn 498 case. but before withdrawing DVC case, ex in laws especially ex-FIL started harassing me by spreading rumors and calling through unknown persons. twice it happened, both the times, did complaint at police station.in first episode, he said sorry and gave written apology. at second instance, FIR is filed and now criminal case is pending. dvc was still running. he filed IA for dismissal of case, court passed the IA and ordered withdrawal or dismissal. i did not withdraw the case, case got dismissed. what are my options now? can i go for appeal now at higher court..what are my chances for reopening the case and what is best course of action for me?


Learning

 8 Replies

P. Venu (Advocate)     17 July 2024

Whcich case has been dismissed - DV case or criminal case based on events subsequent to divorce?  What are the grounds for dismissal?

T. Kalaiselvan, Advocate (Advocate)     17 July 2024

If the court dismissed the DV case on its own without any valid reasons,  you can always prefer an appeal against the judgment before district court. 

You cannot reopen the case from the same court. 

Dr. J C Vashista (Advocate )     18 July 2024

You have already stated to have severed your relationship accordingly the respondent(s) in DV complaint have become stranger(s), treat them as part of general public and not ex-in-law(s).

DV Complaint has become infructous after mutual consent divorce even if you did not initiate to withdraw. Accordingly there is no point in moving appeal, it shall not be maintainable.

However, your lawyer is the best person to advise you, who is well aware about facts and circumstances of the case, an able, competent and intelligent enough to satisfy your question(s) / query(ies), if any. 

ms k   18 July 2024

thanks for your response sir.. DVC case only got dismissed. criminal case on ex FIL is running.

T. Kalaiselvan, Advocate (Advocate)     18 July 2024

You can pursue the criminal case properly, if you would like to prefer an appeal against the dismissal of DV case, you can file an appeal before the district and ssessions court 

ms k   19 July 2024

 
     

thanks you sir's for your replies. the grounds for dismissal were MOU agreement. even after twice murder attempts on me , i agreed for MOU so as to get rid of them. i guess i should not have agreed then.

Judge told that since as per MOU, i agreed for withdrawal of cases for MC divorce, either i need to withdraw or dismissal wil be done. hence,  their IA for dismissal is passed and case is dismissed. i tried convincing the judge that the  threat is continously present previously to divorce and after divorce also...she told that already conditional order passed to dismiss the case hence she dismissed my case when i told that i am not ready to withdraw the case.

i am looking for new adv as judge commented directly that my senior counsel should hav being present during argument stage( which i found very strange and think that judge was favourable to me as she was able to see my pain)

irrespective of the criminal case,

will it be feasible or detrimental to appeal and reopen DVC case ? is it mainatainable? 

will this DVC appeal can provide me protection in later part? 

what can be my protection against further harassement - since they were reluctant to give undertaking to not repeat the same and they were very bad nature to torture me during married period and also after that...

are there any other options that i am not aware of?

kindly suggest and help me please

 

T. Kalaiselvan, Advocate (Advocate)     19 July 2024

You can rely upon your advocate on all such further issues because neither you understand what is clarified nor you are knowing what to do despite getting proper advises, hence it is your own decision to face them. 

1 Like

Dr. J C Vashista (Advocate )     20 July 2024

I concur with the expert advise of Mr. T Kalaiselvan, nothing more to add.

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