(Guest)

Can wife withdraw case after filing mcd?

I need help for my friend. She and her husband filed mutual divorce under their family pressures. an amount of 7 lacs was settled as permanent alimony. She took 2 lacs on her first date of filing the case. the second date which is scheduled after 6 months is coming near. She has make up her mind of withdrawing the case or to ask judge for some more time so that her husband also comes out of family pressure in the meantime and they start living together. But her lawyer says that if she asks for some more time or withdraw case,then there will be some fine imposed on her for the 2 lac money she has already taken and she will have to return the double amount i.e. 4 lacs. she is ready to return the money but not capable of paying fine or double amount. even her lawyer is also saying that her in-laws can file the case that they had earlier come to an agreement of divorce but now she is not giving it.

so I need to know if she will have to pay the fine and what her lawyer is saying is true or not.

I am doubtful of her lawyer's words. she wants to compromise but her lawyer's wordings is forcing her to take divorce?

please help experts and guide the right path for her.

thanks to all in advance.

Reply Follow

4 Replies

Laxmi Kant Joshi (Advocate ) 23 October 2013

Brother nobody wants to seperate husband and wife means to end their married life . If she and her husband wants to withdraw their MC D which they had field in the family court they may withdraw their case after moving an application that they both had desided that they will live together , they had sort out all their differences amicabily with the help of their respected elders , court also wants , all couples live together and happily and always tries to reconcile between the couples , court will permit her to withdraw and dismiss the case on their request without imposing any fine on them .

(Guest)

sir

only my friend has decided to withdraw the case. her husband is still under emotional pressure given by his mom. so her husband is not ready to withdraw case. thats why lawyer is saying that her husband can file a case against her that she had earlier come to an agreement of divorce but now she is withdrawing it. and also she will have to pay the fine or return the double amount.

so can she alone withdraw the case even if her husband is not ready to withdraw? she is ready to return 2 lacs money but is not ready to pay the double amount or any fine.