If the wife initially expressed her unwillingness to continue the marriage through an unresolved Domestic Violence case, and you now wish to proceed with mutual divorce, understanding the safest and most properly structured approach given this specific background is genuinely important.

The first and most important consideration is understanding that if there is a genuine willingness on both sides to now pursue mutual consent divorce, this represents a genuinely positive development, but it is essential to ensure this transition from a contested, adversarial posture to a cooperative, mutual consent approach is properly and carefully structured, given the underlying Domestic Violence case that remains unresolved.

The safest approach genuinely involves ensuring the Domestic Violence case itself is properly and specifically addressed as part of your comprehensive settlement discussions, rather than proceeding with the divorce in isolation while leaving this separate proceeding unaddressed, since, as discussed extensively throughout this broader context regarding resolving both Domestic Violence and related criminal cases together, a genuine and comprehensive settlement should properly encompass every dimension of your underlying dispute.

If the wife is genuinely willing to withdraw her Domestic Violence application, given your mutual agreement to proceed with divorce, it is essential to ensure this withdrawal is properly and formally executed before the Magistrate handling that specific proceeding, with the withdrawal application specifically confirming this reflects her voluntary, informed decision, since simply proceeding with your mutual consent divorce while leaving this Domestic Violence application technically pending creates genuine ongoing risk and uncertainty for both parties.

If any specific interim orders have already been passed within the Domestic Violence proceeding, such as Protection Orders or Monetary Relief, it is worth ensuring your comprehensive settlement specifically addresses how these existing orders will be handled, whether through formal modification, vacation, or incorporation of their substance into your broader mutual consent settlement terms.

Given the genuinely important requirement that mutual consent divorce requires both parties' genuine, voluntary, and continuing consent, it is essential to ensure the wife's decision to proceed with mutual divorce, particularly given her initial position expressed through the Domestic Violence case, is genuinely voluntary and not the product of any pressure or coercion on your part, since courts specifically scrutinise this genuine voluntariness at each stage of the mutual consent process, and any suggestion that her consent was improperly obtained could genuinely undermine the entire proceeding.

It is worth ensuring both parties have proper, independent legal representation throughout this process, since this helps ensure the wife's interests, particularly given the underlying allegations she previously raised, are genuinely and independently protected, rather than her agreement to mutual consent being obtained through any imbalance in representation or negotiating position.

If the underlying Domestic Violence allegations involved genuine safety concerns, it is worth ensuring your comprehensive settlement properly and adequately addresses these concerns going forward, since a Magistrate would generally be reluctant to simply accept withdrawal of a Domestic Violence application specifically protecting a complainant's safety without being satisfied that the underlying concerns have genuinely been resolved or adequately addressed through the settlement.

If your comprehensive settlement includes financial terms, custody arrangements, and property division, it is worth ensuring these are properly and comprehensively documented, whether through a separate MoU or direct incorporation within your divorce petition, as discussed extensively throughout this broader context, ensuring this documentation is then properly incorporated into your final divorce decree.

Given how genuinely important it is to properly and safely coordinate the resolution of both the underlying Domestic Violence case and your mutual consent divorce, ensuring genuine voluntariness and proper protection for both parties throughout, it is essential to consult experienced family law advocates, ideally with each party having their own independent representation. You can reach out via Aapka Legal Advice for guidance on properly and safely structuring this comprehensive resolution given your specific circumstances.

You can review Top Divorce Lawyers in India | Aapka Legal Advice for relevant experience handling this kind of coordinated resolution.

Many people find real value in obtaining an independent, experienced perspective from the panel of retired judges available through certain legal consultation platforms.

If formal legal representation is required, engaging experienced advocates for both parties will ensure this transition is properly and safely structured.

In summary, the safest way to proceed with mutual divorce when the wife initially expressed unwillingness through an unresolved Domestic Violence case involves ensuring this underlying Domestic Violence proceeding is properly and formally addressed alongside your mutual consent divorce, whether through her formal, voluntary withdrawal of the application or appropriate modification of any existing orders, ensuring both parties have independent legal representation to properly confirm the genuine voluntariness of this transition, and comprehensively documenting all settlement terms to ensure any underlying safety concerns are genuinely and adequately addressed.