Withdrawal of counterclaim


If the wife appeals to the Family Court for withdrawal of Counterclaim without prejudice on the ground of her inability to make personal appearance every hearing, whether the Family Court can allow withdrawal with prejudice.
 
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Withdrawal is not possible in Appeals.

An Appeal is decided on merits whether the Parties turn up or not.

 
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LEGAL

Appeal you meant to say apply for withdrawal  i think. You mean to say that wife wants to withdraw the counterclaim from the case in the family court ;yes she can withdraw but what do you mean with prejudice ?

The court may impose conditions for withdrawal but that cannot be prejudicail to the rights of party.

 

 
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