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Sunil Patel   20 October 2015

Snail paced divorce proceedings - seeking advice

Hello Experts,

 

Info:

- I'm husband in this case

- we're living separately since 2011, have a girl child out of wedlock

- I'm Paying maintenance to child as directed by court under CrPC125. No other cases beyond this.

- I filed for contested divorce on the grounds of cruelty and desertion in June 2013

- Wife filed reply with allegations along with HMA24 in Dec 2013

- After that none from her side came to court on any date

- I discontinued services from my lawyer in March 2014

- Absent status on all hearing till date from her side.. I also stopped going to court for last 4 hearings

- So practically there is no progress in this case

 

My state of mind:

- I'm now convinced, based on facts of my case and the way this case is going, that getting a divorce decree in 'contested-divroce' is going to be next to impossible. Also a child is involved and she has stated in her reply that she is ready to live with me on certain conditions. In reality she wants independent life and due to ego and her way of life, it is not possible for us to live together.

- I don't want to focus on this case, instead i use my time and energy in other areas where there is some positive outcome for my growth

- May be in future she may be ready for MCD, then i'll again take up this thread and that point it may be easier and painless

- I'm thinking of withdrwaing this divorce petition and thereby remove one bothering thread from my life

- I understand if I withdraw the petition, i won't be able to file it again on same grounds. But thats okay, as anyways this contested-divorce is not a best option in my case. I would rather wait for MCD to happen

 

My Queries:

- Is there any cost/penalties if I withdraw the divorce petition?

- Any other negatives of withdrawal ?

- What could be proper gound to have smooth withdrawal?

 

Would appriciate if someone can send pointers/guideline for drafting a withdrawal application.

 

Thank you in advance for reading my post. Appriciate your help.

- Sunil

 

 

 



Learning

 6 Replies

Megha   20 October 2015

Well Just go to Court on next date. Check what is status of case if it is dismiss in default or pending....

If it is pending then give statement that some new circumstances are developed in your life/case. and Court should to withdrawal the current case with the power given to you file a fresh case as per Law.

 

 

So you can later think what you want to do.;...Make sense

amaresh   20 October 2015

why dont you use section 21-B of HMA  for speedy trial? Go to high court and submit a petition with the help of a advocate . Then you can easily see, what is called speed......all d best

sandykrish (Interested in Family LAW)     20 October 2015

I agree with amaresh, use 21-B of HMA to see Michael Schumacher driving the car. Trust me you will see lot of changes and it will be high court direction to dispose the case faster, this means the opportunity for MCD on the higher side.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 October 2015

Dear Sunil,

If U are really interested in withdrawing the contested divorce petition,just attend the court on the next hearing,submit a petition to withdraw as not pressed.That's enough.Iam not going intothe details of the other aspects of UR marital life and the child.Nothing more to add.

Sunil Patel   21 October 2015

Thanks Megha, Amaresh, and Sandykrish for your comments.

 

Sainath,

 When you say "submit a petition to withdraw as not pressed"  What does it mean? Any pointers for me to get more info on this? a draft copy for reference will help. please.

 

Expert lawyers,

any specific answers to my query ?

 

Thanks,

Sunil

 

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     21 October 2015

"NOT PRESSED" means U are withdrawing the complaint/petition from further proceeding.Drafts UR lawyer would have sufficient knowledge in preparing it.


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