divorce
bharat jeevan uday
(Querist) 16 July 2016
This query is : Resolved
if I withdraw my divorce petition of cruelty under Sec 13 (1)I
can I again file case after some years under the same section or not bcoz my lawyer said if I withdraw my case I will be not able to file the case in future under the same section
is it true or not
I want to withdraw case as she is ready for settlement
if she not can I file case again plz advice in sec 13(1) I
Shonee Kapoor
(Expert) 16 July 2016
You can always file a case if you withdraw with a liberty to file afresh.
If you are withdrawing your divorce because of any settlement (Whether for living together or for MCD), both parties should make a statement that you have settled your disputes and hence the present petition may be permitted to be withdrawn.
If the settlement fails, you can again institute the case citing failure of settlement and adding the latest developments why the settlement has failed.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Devajyoti Barman
(Expert) 17 July 2016
You can file the divorce case on the same section.
Probably he meant to say that if at the time of withdrawal you did not seek leave of court , subsequent case on the same 'cause of action' is barred.
Rajendra K Goyal
(Expert) 17 July 2016
Agree with expert Kumar Doab.
Fresh case for same cause of action can not be filed again, if leave from court not taken, however under same section with new cause of action can be filed.
Rajendra K Goyal
(Expert) 17 July 2016
Repeated at:
http://www.lawyersclubindia.com/experts/divorce--608051.asp
