Withdrawal of marriage petition
Knowledge Gainer
(Querist) 07 December 2011
This query is : Resolved
In Marriage petition if petitioner wife fails to prove allegations and hence she want to withdraw the case. Can the Court will allow her to withdraw the case? Is my consent is necessary for her to withdraw the case? If yes, than I don't want that court mention in its order that petitioner is allowed to withdraw the case and she is directed to join the society within one year. Can I pray the Court not to mention such direction in its order?
Shonee Kapoor
(Expert) 07 December 2011
Any petitioner can withdraw his/ her civil case unconditionally. That is the law and it should be respected.
Now coming to your question.
Withdrawal can be with or without liberty to file afresh. Though it is the discretion of the court to grant such liberty, you can always insist/ persuade/ request that such liberty be not granted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sankaranarayanan
(Expert) 07 December 2011
Well said by mr shonee kapoor , i agree with his opinion.
Devajyoti Barman
(Expert) 07 December 2011
In the matter of withdrweal the other party has abosolutely no say.
SO you can not impose any such condition.
prabhakar singh
(Expert) 07 December 2011
Can the Court will allow her to withdraw the case?
YES COURT CAN.
If yes, than I don't want that court mention in its order that petitioner is allowed to withdraw the case and she is directed to join the society within one year. Can I pray the Court not to mention such direction in its order?
NO SUCH KIND OF DIRECTIONS OR ORDERED IN A WITHDRAWAL CASE.
Sailesh Kumar Shah
(Expert) 07 December 2011
she want to withdraw the case. Can the Court will allow her to withdraw the case?
Answer: yes.
Is my consent is necessary for her to withdraw the case?
Answer: No.
Knowledge Gainer
(Querist) 07 December 2011
After withdrawal of case if wife is not returning back and join matrimonial life and continue to demand maintenance and alimony to come for mutual consent divorce. if her demand is reasonable than ok otherwise can I file case against her for perjury, defamation, beach of trust etc. for making false allegations in the court?
