Petition not pressed and withdrawn
M.Susairaj
(Querist) 30 January 2012
This query is : Resolved
Dear experts
A divorce petition has been NOT PRESSED.
We want to make fresh petition again on the same cause of action? Is this fresh petition maintainable? If yes, can you give me some citation or reference? If not, why?
What will happen to the petition that is NOT PRESSED?
what is the difference between a petition that is NOT PRESSED and the petition that is WITHDRAWN?
Kindly advise me on the above
Raj Kumar Makkad
(Expert) 30 January 2012
Non persuation to a petition which ultimately results in the dismissal of the petition and the dismissal on the basis of withdrawal has same result.
Res-judicata is not applicable in case of releif of divorce.
ajay sethi
(Expert) 30 January 2012
yes you cna file fresh petition . petition not pressed will be dismissed .
Shonee Kapoor
(Expert) 31 January 2012
Nothing more to say.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M.Susairaj
(Querist) 31 January 2012
Thank you experts
V R SHROFF
(Expert) 31 January 2012
I believe pressed Petition was a MCD.
Now once again you want to file MCD??
Mr, M Susairaj, You can file fresh MCD.
[Do not worry abt press & not pressed.If Questioned, you reply to court, we tried to press ourselves TOGATHER , but could not be compressed, so came back to court again. That was cause of NOT PRESSED. }
My Dear Raj, ,
Being a Director, and BA. LLB, Attorney, at your age of 41, WHY CAN'T YOU PRESS YOUR WIFE TOGETHER, WHO IS SO OBEDIENT TO YOU,
FOR PRESSING, READY
FOR " NOT PRESSED, READY"
FOR BACK TO Pavilion, IN COURT FOR MUTUAL CONSENT DIVORCE , also READY.
Why you want to Divorce such a co-operative wife, in middle of your life at your young age of 41.
Other wife would have demanded 125 mtn , DV ACT, 498 and so on, and harassed you like anything.
Why do you want to give away your wife to someone??
You mean you have better choice? Any Children ??
YOU ARE VERY LUCKY TO HAVE SUCH A CO-OPERATIVE WIFE.
Devajyoti Barman
(Expert) 31 January 2012
Since it was 'not pressed' and not withdrawn the bar under order 23 and order 9 would not apply.
You can file subsequent suit on the same cause of action.
prabhakar singh
(Expert) 01 February 2012
You can file subsequent suit on the same cause of action.
