How to withdraw filed divorce case

(Guest)

Originally posted by : Shanabhaug Manchu
	Originally posted by : Victor Hello - Husband has filed a Divorce case first as his wife deserted him and living seperately at unknown place by her own reason. Now court has awarded Interim Maintenace to her, As I am unable to proceed futher in this case. I would like to withdraw my Divorce Case. Request you to please help me the proceedure with complications. 1) How to file a withdrawal of Divorce case and how much time it takes? 2) Do I need to take her consent also before withdrawing my DV case. 3) Do Court will impose some financial fine on me? 4) Do she can resisit or do some counter case on me? 5) Is after the withdrawal of Divorce Case, Interim Maintenance case will also be continued? Request you to please reply your valuable input and help There are adamant wives here itself on the forum who dont want to leave single penny ordered by court as interim maintenance. That is the state of women in this country. Yours is no different. You will have to pay IA, that balance will keep accrueing. Once she gets the execution petition, you will be hunted and put behind bars till such time you wont clear balance you wont be let out. So if you want to break law. break it completely. Consequences I have explained above. of you taking back your divorce case. She wont come and live with yuo. She will file execution petition. What I suggest is, Indian matrimonial laws are unfit to stay married for man or woman. Simply plan and run away to some other country. If you file applicatoin asking court to give back your divorce petition, that is begning of a giant hole. Advocates wont leave you just like that, they will scare you, misguide you so that you will stay back fight the divorce case which will anyway get dismissed after 10 years and then make you commit suicide because divorce case got dismissed or then think of running away when your legs have lost strength. If wife has filed interim alimony case let her attend. You dont attend. You have filed divorce cse? arrange for some advocate who will keep appearing for some time till it gets dismissed. You in meantime change all numbres, phones, apply passport and run some place whree you will be happy. Dont return back. Do it now.

There are adamant wives here itself on the forum who dont want to leave single penny ordered by court as interim maintenance. That is the state of women in this country. Yours is no different.

You will have to pay IA, that balance will keep accrueing. Once she gets the execution petition, you will be hunted and put behind bars till such time you wont clear balance you wont be let out.

So if you want to break law. break it completely. Consequences I have explained above.

of you taking back your divorce case. She wont come and live with yuo. She will file execution petition. What I suggest is, Indian matrimonial laws are unfit to stay married for man or woman. Simply plan and run away to some other country. If you file applicatoin asking court to give back your divorce petition, that is begning of a giant hole. Advocates wont leave you just like that, they will scare you, misguide you so that you will stay back fight the divorce case which will anyway get dismissed after 10 years and then make you commit suicide because divorce case got dismissed or then think of running away when your legs have lost strength.

If wife has filed interim alimony case let her attend. You dont attend. You have filed divorce cse? arrange for some advocate who will keep appearing for some time till it gets dismissed. You in meantime change all numbres, phones, apply passport and run some place whree you will be happy. Dont return back. Do it now

Adv Radhika Mehta (Advocate) 13 March 2018

Originally posted by : Victor

Hello - Husband has filed a Divorce case first as his wife deserted him and living seperately at unknown place by her own reason.

Now court has awarded Interim Maintenace to her, As I am unable to proceed futher in this case. I would like to withdraw my Divorce Case.

Request you to please help me the proceedure with complications.

1) How to file a withdrawal of Divorce case and how much time it takes?

File an Application for withdrawing your Petition. The Judge will seek the reply of the wife and thereafter decide the matter.

2) Do I need to take her consent also before withdrawing my DV case.

Not directly, the Court will give her an opportunity to file her reply. Hence it is advisable to clear all arrears beforehand.

3) Do Court will impose some financial fine on me?

Depends on the opposition put up by wife.

4) Do she can resisit or do some counter case on me?

If even she resists it, there is nothing she can do in that regard. If she has filed a counter-claim, that will survive.

5) Is after the withdrawal of Divorce Case, Interim Maintenance case will also be continued?

Till the date of withdrawl only.

Request you to please reply your valuable input and help