husband can withdraw his divorce petition at any time ??
Mayank
(Querist) 25 June 2014
This query is : Resolved
Hi Experts,
Husband file divorce petition in July 2013 on metal cruelty but till date she has not submitted any WS, only file vakalatnama.
Now
1)Husband can withdraw his divorce petition, because I afraid that she drag this case as long as.( Other criminal case are pending on me )
2)She only file vakalatnama nothing more.
pls suggest me.
Nadeem Qureshi
(Expert) 25 June 2014
Dear Mayank
What do you want from us?
Husband has always option/right to withdraw his divorce petition at any time.
Feel Free to Call
R.K Nanda
(Expert) 25 June 2014
u will have to tell court the reasons why u want to withdraw petition and if court allows it then only u can withdraw petition.
Dr J C Vashista
(Expert) 26 June 2014
Yes, he can withdraw any time with permission which may be with or without liberty of the Court.
Devajyoti Barman
(Expert) 26 June 2014
I fail to find any connection with dragging of case and withdrawal of the same.
If you withdraw the case then it will end for good . Now at least it is progressing though in slow pace.
Mayank
(Querist) 26 June 2014
Thanks Nadeem sir, Rajendra sir, R.K. sir, Dr JC sir and Barman sir.
My Lawyer is saying that he is waiting for written statement of wife... is it correct ??
Should we go for appeal for withdraw on the basis of delay in WS filling.
ajay sethi
(Expert) 26 June 2014
if wife has not filed WS court can proceed with the case . draw attention of family court to fact that no WS is filed for 1 year
G. ARAVINTHAN
(Expert) 27 June 2014
With the permission form the Court, one can withdraw the proceedings initiated by him, provided, there must not be any objection raised by the other party.
Court can also after recording the reasons stated for granting permission to withdraw, can close the case
Mayank
(Querist) 27 June 2014
@ ajay sir : thanks
@ aravinthan : meaning of " there must not be any objection raised by the other party "
if wife have take any objection it will be hang
ajay sethi
(Expert) 27 June 2014
thanks for your appreciation .
T. Kalaiselvan, Advocate
(Expert) 27 June 2014
Yes in the withdrawal petition also the opposite side has to file their counter to raise their objections. Why do you want to withdraw the case, instead put pressure in the open court for their dilatory tactics by not fling the WS for a long period. You may get some respite to this issue through court itself instead of you looking for one yourself.
R.K Nanda
(Expert) 28 June 2014
thanks for the appreciation .
V R SHROFF
(Expert) 04 July 2014
u need wait to get WS .
u need not withdraw Div Petition
