• If a wife wants to avoid litigations filed by her

If a wife wants to avoid litigations like DV, 498A filed by her, not because the case is false but because -
- of the harassment of the slow process of the legal system
- of exhausting all the savings in the process at each and every stages starting from police stations and legal fees
- of exhausting all the energy and hope in the process of running around the lawyers and the court on each and every dates
- of exhausting all the support from family, friends and relatives 
- of ending up in a situation where no one is standing for your fight
- of getting negative thoughts of life but have desire to live the happily again
Asked 6 days ago in Family Law
Religion: Hindu

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13 Answers

If a wife wishes to avoid litigations she has initiated due to the reasons mentioned, it is crucial to adopt a balanced and practical approach that prioritises her well-being and seeks resolution. Here are some steps she can consider:

1. Explore Alternative Dispute Resolution (ADR):


  • Mediation: Opt for court-referred or private mediation to resolve disputes amicably without prolonged litigation. Mediators help facilitate communication and agreement between parties.

  • Settlement: Negotiate directly or through lawyers to reach a mutually agreeable settlement that addresses key concerns like maintenance, child custody (if applicable), and asset division.

2. Discuss with Opposing Party and Lawyers:

  • Communicate with the opposing party through legal counsel to explore an out-of-court settlement. Transparency about the desire to avoid litigation may encourage cooperation.

3. Seek Legal Advice on Withdrawal Options:


  • Domestic Violence (DV) Case: File an application under Section 12 of the DV Act seeking withdrawal with the consent of the court.

  • Section 498A Case: If the FIR has been filed, submit a petition for quashing under Section 482 CrPC in the High Court, preferably with mutual consent.

  • Unfiled Complaints: If the case is still at the complaint stage, decide not to proceed further.

4. Focus on Mental and Emotional Well-being:

  • Seek counselling or therapy to manage stress and negative thoughts.
  • Rebuild a support network, even if it involves professional support such as counsellors or community groups.

5. Evaluate Financial Relief:

  • Ensure financial security through mutually agreed maintenance or settlement terms.
  • Clearly outline financial responsibilities during settlement discussions to prevent future conflicts.

6. Initiate Mutual Consent Divorce (if applicable):

  • If the marriage has irretrievably broken down, propose filing for mutual consent divorce under Section 13B of the Hindu Marriage Act or relevant personal law. This avoids prolonged disputes and provides closure.

7. Document the Settlement:

  • Draft a legally binding settlement agreement covering all terms, including the withdrawal of cases, maintenance, property division, and non-interference in each other's lives.

8. Legal Fees and Cost Management:

  • Choose lawyers who offer transparent and reasonable fee structures.
  • Consider legal aid services if affordability is an issue.

9. Prioritise Personal Goals:

  • Use this time to refocus on personal growth, career, or hobbies to regain confidence and independence.

While the desire to avoid litigation is understandable, ensure that any withdrawal or settlement reflects fair and reasonable terms for both parties. Taking steps to secure financial, emotional, and social stability is key to moving forward. A qualified lawyer and counsellor can provide tailored guidance to navigate this challenging period.

Thanks and Regards,
Advocate Aman Verma, Legal Corridor

Aman Verma
Advocate, Delhi
227 Answers

Wife can withdraw the domestic violence and other cases filed by her if she wants to avoid litigation,

Ajay Sethi
Advocate, Mumbai
97517 Answers
7883 Consultations

1. In the given circumstances, better to opt for Mutual Consent Divorce, which saves time and money.

2.  Based on your deciding to obtain mutual consent divorce, the husband and wife can amicably resolve the various issues such as division of assets, custody of children, alimony/maintenance, etc.

3.  In this way you can avoid litigations and start your life afresh.

Shashidhar S. Sastry
Advocate, Bangalore
5458 Answers
330 Consultations

What is your query? wife can withdraw her cases.

Siddharth Srivastava
Advocate, Delhi
1455 Answers

1. The way to avoid this rigmarole of litigation is simple-Draw up consent terms and then apply for mutual consent divorce.

2. In mutual consent divorce no allegations are to be levelled against the other spouse, only incompatibility is to be narrated, coupled of course with statutory requirements.

Ashish Davessar
Advocate, Jaipur
30813 Answers
974 Consultations

The wife can issue a special power of attorney and the holder of such PoA can attend to all the litigations instead of her.

Courts provide free legal aid if the wife does not have enough financial resources.

The wife can demand maintenance under the DV Act for her legal expenses as well as for her day to day expenses.

Gagandeep Singh Thandi
Advocate, Pathankot
67 Answers

Life is a journey. After every night there is a day.  You are a best judge for your life.  Take a positive view. Resolve the issue with your husband. If it is not possible then ask him for divorce with mutual consent.  And start new life on your own terms.  But you should be strong enugh to earn for yourself.  If you hv earning power, you r your own master.

Dalip Singh
Advocate, New Delhi
1094 Answers
36 Consultations

To avoid or resolve DV/498A litigations and the stress involved:


  1. Mediation/Settlement: Opt for mediation to resolve disputes amicably and save time and resources.

  2. Experienced Lawyer: Hire a skilled lawyer to expedite cases or explore quashing under Section 482 CrPC if possible.

  3. Fast-Track: Request a fast-tracked trial citing personal hardships.

  4. Emotional Support: Seek counseling and build a support system through NGOs or support groups.

  5. Resolution: Consider withdrawing complaints or settling if pursuing litigation is unfeasible.

  6. Focus on New Beginnings: Rebuild your life with new goals and aspirations.

For personalized advice, consult a legal expert. Hope this helps. Reviews are appreciated. Thank you! Shubham Goyal.

Shubham Goyal
Advocate, Delhi
527 Answers
1 Consultation

The defacto complainant need not appear before court regularly before court in the trial proceedings of 498a criminal case, it is police prosecuted case hence assistant public prosecutor will conduct the case.

In DV case, being the complainant she has to be present before court if not the court will dismiss the DV case, hence you will be at huge loss of time, money and energy 

T Kalaiselvan
Advocate, Vellore
87719 Answers
2356 Consultations

Dear Client,

 

If the wife wishes to avoid ongoing litigations such as Protection of Women from Domestic Violence Act (DV) or 498A, albeit valid, due to their psychological, emotional, and financial strain, the best way to facilitate it is through mediation or an out-of-court settlement. She can either approach the husband or seek help from his family, with or without the help of a neutral mediator, proposing some terms for amicable resolution. Filing for mutual consent divorce could also shorten the time and trouble of lengthy litigation processes, if applicable. She can always request the court for legal aid or ask for help from a women's organization if finances are indeed a problem. In this phase, self-care comes to the forefront; counseling and support systems are very important to gain strength and move toward a peaceful resolution. It would also be advisable to seek the counsel of an attorney she trusts, who will protect her rights and spare her any litigation.

Anik Miu
Advocate, Bangalore
10392 Answers
121 Consultations

You can withdraw DV proceedings but can’t withdraw 498 A. You can chose to be absent but same will not give you permanent peace. You can go for mutual quashing of 498A

Prashant Nayak
Advocate, Mumbai
32876 Answers
209 Consultations

  1. 498A will be contested by pp. You don’t need any help from other witnesses in 498A if your case and deposition is good. It will not call for much expenses.
  2. Certainly in dv you need assistance of lawyer, but you know some law, you can do with him.
  3. An individual is always alone. Don’t expect any help from other. If you stand firmly on your decision, others will come forward for you.
  4. Behave like a prudent businessman, negative thoughts will affect adversely you physical and mental and your decisions, cut them out. Your spouse is not important, you are important.
  5. So far as avoiding litigation, you can file petition in Court and withdraw all cases. But that will not be wise.
  6. You don’t need money at every stage, it depends from which type of people you taking help professional or otherwise.

 

Ravi Shinde
Advocate, Hyderabad
4425 Answers
42 Consultations

- The wife can withdraw her cases filed by her after giving an statement before the Court 

- She can give the statement before the Court that she is not interested to continue the process of the case due to her aforesaid reasons. 

- However, the FIR lodged by her can only be quashed by the High Court and by the husband only. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

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