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Lyn (x)     24 August 2011

Help divorce

ok so we are TRYING to withdraw a divorce petition in India that has been pending in Chennai for over 2 yrs. the ex wifes family has been appearing in court and delaying the final divorce decree, now we are in the higher appeals court and have been told to withdraw in India and file in the US where the couple last lived as divorce here cannot be delayed by family members etc and will be granted much more quickly so we can FINALLY marry here legally. How long does this withdrawal process take??? We already filed paperwork and have heard nothing. Can anyone please share the process for this and timeline? Any advice? Thank you all



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 4 Replies

Advocate M.Bhadra   24 August 2011

You can file a revision pettion in High Court under Article 227 of the Indian Constitution for quick dispose off the suit and Court may fixed a certain period for diposal.

Lyn (x)     25 August 2011

when you say they may fix a period for disposal, do you mean they may say in 6 months the petition to withdraw may be granted? or do we have to appear in court etc? or just file the paperwork and wait a set amount of time?

Adv. Chandrasekhar (Advocate)     25 August 2011

If you say "we" what do you mean?  If it is wife and husband, then they both appear in the court and the petitioner will move an application for withdrawal of case and if the respondent (means wife only and not her family members) says that she does not have any objection, there itself, the petition will be "dismissed as withdrawn".  Otherwise also, it is the petitioner's right to withdraw the petition and if the respondent has not filed any counter claim, then also the petitioner can withdraw the petition at his own free will. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 August 2011

I agree with Adv Chandu,

 

Its your case, you are free to withdraw whenever you want. The opposite party can object to withdrawl only if there is a petition under HMA 24 pending in the case on her behalf. In which case also, you can ask for quick award and then withdraw the petition by paying whatsoever amount is due in HMA 24.


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