Divorce - withdrawal of petition.
Adv. Deepak
(Querist) 04 July 2009
This query is : Resolved
A has filed divorce petition against his wife B on the ground of adultery with C. Now, A decides to take her wife back for cohabitation by withdrawing the case. If A want to withdraw the case, it will be withdrawn for both B and C. Then afterwards, if A wants to initiate criminal proceedings against C, is it possible. How to withdraw the case by keeping grounds against C live. Your expert opinion is highly solicited.
A V Vishal
(Expert) 04 July 2009
Section 498. Enticing or taking away or detaining with criminal intent a married woman
Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, form that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
PALNITKAR V.V.
(Expert) 04 July 2009
A need not give reasons for withdrawl of divorce petition. He can simply state that he wants to take the wife back for cohabitation hence, he withdraws the petition with liberty to file criminal prosecution against C. Later on he may file complaint against C.
Legal Fighter
(Expert) 04 July 2009
divorce and criminal proceedings are two different cases. right now divorce case is only against B and not C. while withdrawing, specifically mention that you are not condoning B's acts of cruelty but are giving her a chance for settlement of life so that u con't have to face social stigma.
a.manoharan
(Expert) 04 July 2009
Dear Deepak sir,
Why the action has to be taken against C. Because, consent is important factor in sexual cases. When, B also equal offender for adultery, is it justified for taking action only against man. I am discussing here only just cause.
Jatin Sapra 9312223345,Delhi
(Expert) 04 July 2009
i think u have expertly advice by my learned friends .Further u need to mention the intention of withdrawing ur divorce case and specicaly reserving ur right to prosecute C in criminal case or u can file criminal case first and mention this while withdrawing ur divorce case that u have already intiated criminal proceedings against C and frther it makes more sense then the earliar one.
Sarvesh Kumar Sharma Advocate
(Expert) 04 July 2009
cohabitation is a different matter in the mid of sec.13, and criminal case is totally different .
my dear there is no link between criminal case and sec.13 i.e-civil nature ,so if u will widraw the application you can moove criminal case and your wife wiil be a comptent witneess in your case.
Adv. Deepak
(Querist) 04 July 2009
Sincere thanks to all the experts. I have got a very clear idea on the subject. Regards.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 04 July 2009
