Wife abandoned husband and son. Staying with her sister and brother in law. Filed false DV and divorce. Both cases dismissed due to default on account of her continuous absence. Now following up through relatives and asking for settlement. Husband is asking her to reopen her dv and divorce cases in order to make her withdraw her dv and divorce cases once for all, as part of mutual consent settlement. Is this process ok. What should be the correct procedure?
T. Kalaiselvan, Advocate (Advocate) 25 October 2024
If the DV case and the divorce case are to be withdrawn after restoring them from the status of dismissed for default, then what is the purpose solved by restoring the dismissed cases.
The subsequent action is also for dismissal of the cases by filing a memo for withdrawing them
There is no logic or justification is this type of mutual settlement unless a decision is taken against the proposed one
Thank you sir, husband concern is what if wife restores the cases after mutual consent settlement? Hence husband asking for restoration and withdrawal of cases as per mutual consent settlement so that it will become proof. Is this viable or do you still suggest a better process for settlement.
T. Kalaiselvan, Advocate (Advocate) 25 October 2024
The mutual consent settlement is not legally enforceable especially if she decides to go ahead with new cases at a later stage.
Hence you can act prudently.
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