Can Judicial Separation case be withdrawn at any point?


Dear Experts,

Thank you for your valuable time, appreciate your help.

I have applied for a Judicial Separation case in Pune, Maharashtra Family Court in the year April,2015 and recently a Judgement was been passed in the favour of Respondent to pay for her travel expenses.The point to note here is that, the Respondent visted the court only twice in 2.5 years and was exempted of furnishing any proofs due to sympathy. I am facing critical financial problems and wanted to withdraw my JS case but the Judge refused to do so without Respondent's presence, by keeping it due for the next date. 

Can you please guide me on, How can I withdraw the JS case on the upcoming date without any problem?

Thank you in advance.

 
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N.A

Case can be withdraw at any stage of trial

 
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N.A

you can file an affidavit that you want to withdraw the case. Affidavit can be filed before the next date or on the next date.

 
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Advocate

Just file an application for withdrawal of the case and let the court to pass order. You shall be required to clear all pending dues.
 
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Yes Sir, I did the same but the Judge refused to withdraw my case by keeping it due for next date and saying that a Say would be requested from the Respondent and then the reason mentioned by me for withrdrawal will be checked i.e. Financial problem and then we will decide whether to approve your withdrawal or not. The reason to withdraw before next date was to avoid one more travel expense of next date as well. 

Can you please suggest accordingly. Thank you for your help.

 
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N.A

Originally posted by : KJ
Yes Sir, I did the same but the Judge refused to withdraw my case by keeping it due for next date and saying that a Say would be requested from the Respondent and then the reason mentioned by me for withrdrawal will be checked i.e. Financial problem and then we will decide whether to approve your withdrawal or not. The reason to withdraw before next date was to avoid one more travel expense of next date as well. 

Can you please suggest accordingly. Thank you for your help.

 

If you have filed the application to withdraw the case you need not to appear on next date or any other date if court donot allow your application.

Court have to dismiss the case on the  ground of non-prosecution.

Further no need to pay or clear the dues unless your spouse file the case of execution.

 
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So Sir, for your better understanding, the court received my withdrawal application and took it on board and kept it due for next date saying we'll hear the say from Respondent and you need to handover the travel expenses in cash to the Respondent itself and not the Court. Also, he said that we'll check/verify the withdraw reason i.e. Financial Problem and then make any decision.

So Sir, now my question/concerns:

1. Will my case be Withdrawn if I dont appear on any next date?

2. This also means that, I needn't pay the pending dues until my wife files the Case of execution?

3. Who will bare the expenses if my wife files the Case of execution? Will this again mean that I need to pay for her travel expenses for each date she travels? 

Thank you for your time and help, appreciate it.

 

 

 

 
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Advocate

The Judge was not wrong in keeping the matter on the next date for the say of your wife.  If an order had not been passed, the scenario may have been different but not in such a case. 

If your wife has appeared only twice, you need to pay the travel expenses for only those dsates when she came, not otherwise.

As far as your queries are concerned:-

1.  Your presence is required to withdraw.  The Court will not automatically pass orders. Costs may also be levied by the Court on you. 

2.   That depends from Court to Court.  However, given the circumstances, I think its highly unlikely. 

3.   No, those would be fresh proceedings.  You would not be required to bear those expenses. 

 
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Dear Madam,

Thank you for your help.

Can you please suggest me a workaround for below:

1. Can I request the Judge to withdraw the JS case on next date by any means without paying the expenses?

2. Suppose, Judge passes an order again to pay the travel expenses of that day too and gives me a next date which I want to avoid and withdraw the case on that day itself by any means. Plz suggest what should I do, as I really dont have the funds at the moment?

Last option, even if I need to pay the expenses I'll manage it from friends/family but if any one of you(i.e. Expert Lawyers) have faced such an experience I am looking for a concrete solution to withdraw the case at any cost.

Thank you for your time and help, appreciate it.

 
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