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UCan the court easily allow the wife to withdraw the proceedings despite having levelled serious allegations? Would it not consider how letting her go like that causes prejudice against the interest of the husband and his family for putting them through all the hardships and having their reputation maligned?
Is it not up to courts discretion to allow the withdrawal or not?
Should there not be legal consequences for such practices? Are there any?
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SUnfortunately Yes, Wives are allowed to withdraw the Domestic Violence complaint without any legal consequences. And the same goes for any FIR / Complaint / case that she has filed before any investigative agency in return of a “settlement”. This is totally legal.
EDIT : Wives are allowed to withdraw all of the above without settlement as well. No consideration for harassment faced by Husband and his family members plays any role, unless the husband is willing to put more of his prime years in new litigations seeking defamation, civil damages. Truth be told, most ( almost all husbands ) having been harassed by the system choose not to initiate further proceedings.
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UThank you Sir. The wife had submitted an affidavit with falsified facts and the husband had then filed for perjury. It’s not decided upon yet. Would the court still permit the withdrawal regardless?
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DLawyer here. In proceedings under the DV Act, the complainant can generally seek withdrawal of the complaint. Courts usually permit it unless there are exceptional circumstances suggesting abuse of process or larger public interest concerns. Since DV proceedings are primarily remedial and civil in nature, the court’s focus is often on whether the aggrieved person still wishes to pursue reliefs.
Mere withdrawal does not automatically entitle the husband or his family to compensation or punitive action against the wife, even if allegations were serious. However, if it can be shown that the proceedings were false, malicious, or instituted with deliberate intent to harass, the affected parties may independently explore remedies such as defamation, malicious prosecution, or seeking costs, though such actions require a high threshold of proof.
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UThank you ma’am. Would it make any difference if the attention of the court is brought to the fact that an application for perjury in the same case is also pending?
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DYes, it may make some difference. While the court may still permit withdrawal of the DV proceedings, a pending perjury application can prompt the court to independently examine whether any knowingly false statements were made during the case. However, perjury proceedings are treated separately from the DV case itself.
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