Wife filed divorce first and then dv and then withdraw divorce

baban (Querist) 02 March 2015 This query is : Resolved
Hi Ld. Experts,

Could you please guide that when wife withdraw divorce petition under 13.1 and session has allowed to the petition stating that she need to file afresh with same cause of action, how much is DV petition maintainable where she suppressed the fact of DV petition while withdrawing divorce, similarly she suppressed fact of divorce petition while putting DV petition.

Kindly advise.

Thank You
Bban

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Advocate Rajkumarlaxman (Expert) 03 March 2015
Need to know entire details. If she has merely mentioned the case its enough. In any ways she witdrew for wat reasons p. Put up the facts correctly then onlh possible to guide u

P. Venu (Expert) 03 March 2015
Divorce petition or its withdrwal need not necessarily be a deciding factor in the DV petition.

Advocate. Arunagiri (Expert) 03 March 2015
Both are different petitions filed on different cause of action. Withdrawal of one petition need not be a ground for dismissal of another petition.

ajay sethi (Expert) 03 March 2015
agree with Mr Arunagiri

baban (Querist) 03 March 2015
I am not sure what was the reason for withdrawing the divorce petition as none of the notice/summons were ever serviced on me.

Order from session court stands "Record is put up today on the basis of the petition filed by petitioner. A petition has been filed under Order 23 Rule 1 Sub cl-3 for withdrawal of the suit with a liberty to sue afresh. the petitioner is examined as P.W 1. Peruse the petition and the materials on record.

It appears from the plaint that the suit must fail for same formal defects. So the prayer of the petition is allowed.

Hence it is ordered that petition under Order 23 Rule 1 Sub cl. 3 is allowed exparte without cost. The petitioner is permitted to withdraw the suit with a liberty to sue afresh on the same cause of action.

The suit is thus disposed of."

This put up and order was in last part of Aug'2012. Meanwhile in June 2012 she filed DV and May 2012 she filed Maintenance.

Kindly advise.

Thanks
Bban

Devajyoti Barman (Expert) 03 March 2015
A litigant can file suit and withdraw it at his own pleasure. Withdrawal of suit is hindrance to file afresh on new cause of action.

Rajendra K Goyal (Expert) 04 March 2015
Withdrawal of suit was permitted by court, DV case is separate.

Guest (Expert) 04 March 2015
She must have decided to deal with you quite harshly, as her dv case would have got lesser force after grant of divorce

baban (Querist) 05 March 2015
yes you all are correct. She has dealt with me and my family very harshly while doing and making false allegations. However there are instances where court penalized wife for suppressing the facts and making mockery of cases. in my case divorce made without asking for any monetary relief under section 24, in mid time dv application and maintenance suit demanding different maintenance then divorce withdrawn.

How much is DV maintainable on ground that she alleged that she was driven out of matri home in 2009 may(as stated in dv petition) and filed petition in court in 2012 june more than a gap of 2 years 9 months. In actual scenario, she left me and matri without any notice in Jan'2009.

Kindly suggest.

T. Kalaiselvan, Advocate (Expert) 06 March 2015
DV case, maintenance case and divorce case are totally different which need not be interlinked or taken up together. You have to challenge all her cases according to each on the basis of merits and evidences in your side.

Ms.Usha Kapoor (Expert) 24 June 2018
I agree with Aruna Giri.

Wife filed divorce first and then dv and then withdraw divorce

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