If the wife withdraws the DV case after filing and then withdraws it on her own after some time, can she file the DV case again on the same grounds? What precautions husband needs to take for future under this situation?
Sanjay (Manager) 05 December 2009
If the wife withdraws the DV case after filing and then withdraws it on her own after some time, can she file the DV case again on the same grounds? What precautions husband needs to take for future under this situation?
Sanjay (Manager) 05 December 2009
If the wife withdraws the DV case after filing on her own after some time, can she file the DV case again on the same grounds? What precautions husband needs to take for future under this situation?
Adv Archana Deshmukh (Practicing Advocate) 05 December 2009
If there is fresh cause of action, she can definately file DV case again.
Khaleel Ahmed Mohammed (Advocate ) 05 December 2009
Yes she can file fresh case. You are advised hereby keep always good relations with her.
Sanjay (Manager) 06 December 2009
Thanks Archanaji, Ahmedji for your replies. In case wife files DV again in future, can she use the old allegations again (which are there in the present case)? Or the new DV case will be on fresh grounds only?
Adv Archana Deshmukh (Practicing Advocate) 06 December 2009
If she has withdrawn her old allegations, she cannot reuse those facts again, but can make allegations based on new facts.
sunil pagare (lawyer) 06 December 2009
Yes she can file again DV application against u on new fact
Vishwa (translator) 07 December 2009
Dear Sanjay,
If the wife has made false allegations and dragged her husband all over the place, it is simply not worthwhile pursuing the relationship. Kick her out (figuratively of course, otherwise you will get into new cases) and start life afresh!
Hardik Mehta (Family Counsellor) 08 December 2009
Sanjay,
When she withdraws the DV case, she has to give the reason for the withdrawal. If there is any agreement or settlement that has happened, then the same needs to be put in the form of affidavid in the court. The court then has the option to withdraw the case or carry further. The wife cannot simply put the case and then withdraw on its own.
You should take the oppourtinity and close all the false allegations in the case and then only she can withdraw. This can be in the same affidavid and also she needs to declare the assets that is entrusted in your home as well as in the bank. This will also help you in getting yourself secured in future for 498a/406 cases.