Case withdraw from high court
Sayan Poddar
(Querist) 18 August 2015
This query is : Resolved
1)498a/406/34 filed on 2012
2)Huband wend for high court for quashing(482) the case in 2013
3)By middle of 2014 , mutual between husband and wife done,
they are living peacefully
4)As the dispute was to resolve , husband did not continue the case
in high court , it is still pending
5)in july,2015 , husband & wife submit joint compromise petition
before trial court
6)Trial court says as the case still pending high court , trial court
can not conclude the case
Now husband want to withdraw the case from high court so that trail court can
conclude/discharge the case
1)My question is that is there any way to withdraw the case without hearing ?
2)What is the quickest way to withdraw the case from High Court ?
SAINATH DEVALLA
(Expert) 18 August 2015
U had obtained MCD in the family court, U could have mentioned the same in the trail court and withdraw the case.Once the trail court allows withdrawl of the cases by the wife,then the quash petition in the HC has no significance.The trail court has no role to play when the quash petition is made in the HC.
Sayan Poddar
(Querist) 19 August 2015
We have not MCD , we have reconcile again , leaving together , we want to finish/stop/discharge 498a/406/34 case only
SAINATH DEVALLA
(Expert) 19 August 2015
What do U mean by mutual by husband and wife done? One cannot remain silent after filing cases and petitions in the courts,it amounts to wasting the valuable time of the court.
Sayan Poddar
(Querist) 19 August 2015
Dear Sir ,
We (husband/wife) and 4 years son are residing peacefully forgiving past bitterness , we have informed to the court same , court does not raised objection .