RAJ KAMBLE 08 April 2020

Can court allow wife withdraw the divorce petition

My wife filed section 9 in 2011 in that case I was ready for cohibition in 2016 judgement on admission granted and gives two months but she was not ready to join me and filed Divorce petition in 2017 on cruilty ground, now I also submitted my written statement pass the judgement as per prayer, but she is intentially delay matter by various reasons, Last date her cross examination over,sir my Question is that in this stage if she try to withdraw the case can honorable court allow for withdraw her petition because i want divorce as she is in adultary.

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 08 April 2020

If you oppose for withdrawl court will not permit to withdraw the case. If you have got evidence of her adultry, you produce it and get the divorce.

N. Sivaprakash, Chennai 984099 (Advocate) 08 April 2020

She can be permitted to withdraw the case filed by her. You can ask for the costs incurred by you for defending the case. Since you want divorce you institute a case for divorce on the ground of adultery.