Peculiar situation in divorce case!!
Legal Fighter
(Querist) 05 March 2012
This query is : Resolved
Husband has filed for divorce on ground of cruelty, wife contests it by filing W.S., at the stage of P.E., wife files an application that she doesn't want to contest to divorce case (no mutual consent) but reserve her right to prosecute other cases. Husband's evidence passes without any cross-examination. On next date, when other Petitioner's witness comes for evidence, wife again appears with new application that she want to contest the case now.
Is there any provision in CPC which prohibits wife to go back from her previous stand (of not contesting the case?
Deepak Nair
(Expert) 05 March 2012
The partis can withdraw the consent or change their stand if they can show sufficient and satisfactory cause to the same.
V R SHROFF
(Expert) 05 March 2012
She can do so , subject to imposing cost. In case of women, court is lenient view , for cost too.
ajay sethi
(Expert) 05 March 2012
agree with experts mr deepak nair and mr shroff .
prabhakar singh
(Expert) 12 March 2012
As no decree was passed till then and your evidence was also not concluded hence court shall grant her application as you can get compensated by cost and being husband you have bear her cost of litigation,it's so funny but true.
