Can Judicial Separation case be withdrawn at any point?

Case can be withdraw at any stage of trial

you can file an affidavit that you want to withdraw the case. Affidavit can be filed before the next date or on the next date.

Yes Sir, I did the same but the Judge refused to withdraw my case by keeping it due for next date and saying that a Say would be requested from the Respondent and then the reason mentioned by me for withrdrawal will be checked i.e. Financial problem and then we will decide whether to approve your withdrawal or not. The reason to withdraw before next date was to avoid one more travel expense of next date as well. 

Can you please suggest accordingly. Thank you for your help.

Originally posted by : KJ
	Yes Sir, I did the same but the Judge refused to withdraw my case by keeping it due for next date and saying that a Say would be requested from the Respondent and then the reason mentioned by me for withrdrawal will be checked i.e. Financial problem and then we will decide whether to approve your withdrawal or not. The reason to withdraw before next date was to avoid one more travel expense of next date as well.  Can you please suggest accordingly. Thank you for your help.

If you have filed the application to withdraw the case you need not to appear on next date or any other date if court donot allow your application.

Court have to dismiss the case on the  ground of non-prosecution.

Further no need to pay or clear the dues unless your spouse file the case of execution.

So Sir, for your better understanding, the court received my withdrawal application and took it on board and kept it due for next date saying we'll hear the say from Respondent and you need to handover the travel expenses in cash to the Respondent itself and not the Court. Also, he said that we'll check/verify the withdraw reason i.e. Financial Problem and then make any decision.

So Sir, now my question/concerns:

1. Will my case be Withdrawn if I dont appear on any next date?

2. This also means that, I needn't pay the pending dues until my wife files the Case of execution?

3. Who will bare the expenses if my wife files the Case of execution? Will this again mean that I need to pay for her travel expenses for each date she travels? 

Thank you for your time and help, appreciate it.

The Judge was not wrong in keeping the matter on the next date for the say of your wife.  If an order had not been passed, the scenario may have been different but not in such a case. 

If your wife has appeared only twice, you need to pay the travel expenses for only those dsates when she came, not otherwise.

As far as your queries are concerned:-

1.  Your presence is required to withdraw.  The Court will not automatically pass orders. Costs may also be levied by the Court on you. 

2.   That depends from Court to Court.  However, given the circumstances, I think its highly unlikely. 

3.   No, those would be fresh proceedings.  You would not be required to bear those expenses. 

Dear Madam,

Thank you for your help.

Can you please suggest me a workaround for below:

1. Can I request the Judge to withdraw the JS case on next date by any means without paying the expenses?

2. Suppose, Judge passes an order again to pay the travel expenses of that day too and gives me a next date which I want to avoid and withdraw the case on that day itself by any means. Plz suggest what should I do, as I really dont have the funds at the moment?

Last option, even if I need to pay the expenses I'll manage it from friends/family but if any one of you(i.e. Expert Lawyers) have faced such an experience I am looking for a concrete solution to withdraw the case at any cost.

Thank you for your time and help, appreciate it.

Originally posted by : Ramesh Singh
	Sir, Court proceeding is not walk around or walk out at/from your court yard, you can't withdraw JS petition, unless Magistrate/Judge satisfy by respondent. You have to bear the expenses. @Sachin,@Radhika (Adv.), if Y'all register here to share knowledge then its welcome or otherwise plz do NOT act randomly.

I stopped advising the quriest because he specifically metioned that he want replies only from lawyers." any one of you(i.e. Expert Lawyers)"
 

Dear Sir,

Thank you for your inputs, appreciate it.

What do you suggest me to do in my next date to withdraw the matter by any means without any further delay or problems?

Originally posted by : KJ
	Dear Sir, Thank you for your inputs, appreciate it. What do you suggest me to do in my next date to withdraw the matter by any means without any further delay or problems?

Because you have informed the judge in writing that you donot want to continue your  case . You need not to go court as judge cannot force you to continue your case.

Originally posted by : Ramesh Singh
	@Sachin,@Radhika (Adv.), if Y'all register here to share knowledge then its welcome or otherwise plz do NOT act randomly.

@Ramesh Singh, kindly refrain from passing comments.  I dont see you ever providing any concrete or substantial reply to any client except "reading between the lines".  We are trying to help someone here, not acting randomly.  However, the same cannot be said about you. 

Dear Radhika Madam,

Really appreciate your help.

1. Suppose I manage to pay the expenses on the next date from my family friends and ask the Judge to withdraw my case, will he disapprove it?

2. Suppose I manage to pay the expenses on the next date from my family friends and ask the Judge to withdraw my case, and incase Respondent disagrees or raises a dispute on withdrawal, what shall be done?

3. What is the class of entitlement for paying her travel expenses for the Rail Ticket and Hotel stay? Also, how many people can she claim the expense for?

4. Also, the respondent is already receiving the maintenance of 7000/- each month from Gujarat Court but is not filing for Divorce in a view to torture and spoil my life. So, to be on safer side I had filed this JS case instead of Divorce as it backfires on the boy side as the girl always lies to join our family again which is her advocates tack tick. Request your guidance?

Tamaro bhai samjin help magu 6u. Please help me through this as its almost 3 years of our marriage now and the court is wasting my time and blindly favoring the girl just because she is travelling from Gujarat to Pune and lies about her family problems by crying in front of the judge.

Thank you for your time and help.