LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Difference between compromise proceeding & case withdrawn

(Querist) 07 February 2015 This query is : Resolved 
Dear Concern

What is the Difference between Compromise proceeding & case Withdrawn?

the case related to my sister

her husband file Divorce petition after that she file RCR & interim maintenance then we file transfer petition in high court
after lot of times her husband tell her that you first withdrawn your case then i also withdrawn my case.

after that we tell him that there is compromise proceeding in the court but he is not agree to that proceeding he doesn't want compromise word in court document

what should we do?
T. Kalaiselvan, Advocate (Expert) 07 February 2015
withdrawal of the cases means, it may be on an agreement or without that, but a compromise settlement means, the terms of compromise may be reduced to writing and recorded in court upon which a decree will be drawn by the court.
Devajyoti Barman (Expert) 08 February 2015
Apart from that is stated above. the compromise is decree is binding on parties and the parties cannot reopen the issue.
But if the case is withdrawn the party again can file case on the same cause of action later.
Dr J C Vashista (Expert) 08 February 2015
@ Mayur Mayur,
You have engaged a lawyer, put up the question before him/her, it is not a tutorial platform.
All experts on this site are heavily occupied professionals doing a social service for a cause, FREE OF COST, whereas you have unending questions for your sister, isn't it?
Rajendra K Goyal (Expert) 08 February 2015
What is the Difference between Compromise proceeding & case Withdrawn?

__ Academic query.


It would be better to enter into a compromise duly recorded in court.
Guest (Expert) 08 February 2015
Well Advised by Experts Mr.T.KalaiSelvan and Mr.Devajyoti Barman
prabhakar singh (Expert) 08 February 2015
A compromise decides issues involved in a case as per terms agreed by both parties.

A withdrawal of case means plaintiff does not want adjudication of his case.It may be withdrawn in two ways by permission of the court.If it is not withdrawn with liberty to file fresh suit,the plaintiff is barred from
filing a fresh suit based on same cause of action.
ajay sethi (Expert) 08 February 2015
agree with experts


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :