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RCSH (NA)     13 May 2010

Quashing a domestic violence case

About 6 months ago, my divorce case was settled through the Mediation Center here in Bangalore. Before we came to the mediation center my wife had filed a domestic violence case against me. As per the mediation agreement the divorce was supposed to happen first and then she had agreed to withdraw the domestic violence case in that particular sequence. This agreement is in writing.

The divorce was done in the beginning of March. The next date for the DV case is in June. We have already applied for quashing of this case in the HC (where she and her lawyer told the judge there that they would withdraw the case once the divorce is done). Now, if she plays some mischief and does not withdraw this case what legal options do I have? Will her presence be required in the HC for quashing this case or can it done without her presence too?



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 1 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     14 May 2010

she must be given notice in the quash proceedings as she was the complain ant in the domestic violence case.

But since you have the agreement in your favour, court will definately decide in your favour


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