Husband filled a divorce petition against his wife seeking divorce on the cruelty and desertion ground in a family court in the year 2007. In between 2008-09 wife’s maternal brother approaches to husband and suggesting him to withdraw the case and convinced the husband by saying that they (i.e maternal brother and wife’s family member will amicable settled the matter within 4 wall of his their house. And in furtherance of such discussion a withdrawal petition was prepared by her brother writing that the court has no jurisdiction to decide this suit and therefore petitioner wish to withdraw the case. Although the court has jurisdiction because the husband (petitioner) has been residing within the court’s jurisdiction since 5 years past from filling the suit and both husband and wife was also residing when such occurrence (desertion by wife) took place. No stapes are taken by wife or by her family member in furtherance of their promise. Even, whenever husband tries to correspond with wife the family member of wife neglected husband by saying that they don’t want to talk with him.
NOW the case is in argument stage. The petitioner also does not took any step for notpressing the said withdrawal petition, during this period witnesses are recorded for petitioner husband.
NOW JUDGE told him that as you filled the withdrawal petition, court will dismiss the case on that ground.
PLEASE advice on above matter. Is there any ruling of S.C in this matter that a petition can notpress at argument stage?
Thank you.
