During mediation of divorce case I applied for withdraw of my divorce petition and from last 3 months it is still in mediation center.May I know what are the steps to withdraw divorce case during mediation?
During mediation of divorce case I applied for withdraw of my divorce petition and from last 3 months it is still in mediation center.May I know what are the steps to withdraw divorce case during mediation?
rahul (director) 09 April 2013
Why you are withdrwing without outcome of mediation?
if there is settlement in mediaiton, then you both file 13B(1) of Mutual divorce. and at the time.. you withdraw the divorce petioner citing the settlement in mediation. fileing of mutual divorce and withdrwing will be at same time.
Originally posted by : rahul | ||
During mediation of divorce case she filed dowry case Settlement amount is very high for me you withdraw the divorce petioner citing the settlement in mediation. fileing of mutual divorce and withdrwing will be at same time.
I do not want to give divorce her till my death after dowry case. |
Manish Udar (www.Mehnat.IN) 09 April 2013
Never Give Up (Fighter) 09 April 2013
There are many factors like was there any application of HMA24 (interim maint.) by your wife ??
If there is none than judge will be more than happy to dismiss divorce petition and other party can not challenge your withdrawl.
The entire process takes less than 15 minutes. Where in judge will ask for NOC from both side lawyers and respondents. And then he writes order application dismissed as compromised/withdrawn with so and so reason..
This can only happen once case goes back to court from mediation center and both party's lawyer and both party should be present (with my limited knowledge of law).
Never Give Up (Fighter) 09 April 2013
The entire process takes less than 15 minutes. Where in judge will ask for NOC from both side lawyers and respondents. And then he writes order application dismissed as compromised/withdrawn with so and so reason..
Never Give Up (Fighter) 10 April 2013
Once mediation process is complete (failed/success) court paper goes back to court. On the very first date you can ask for withdrawl of the petition.
You would need to wait for your case papers to come to court and let the normal case proceeding start.Infrom mediation people that you are not willing to attend any more mediation dates and they will send the papers back to court.