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Is it possible to withdraw case after filling it at family court. please suggest if there is any possibilities....please i really need help.

Page no : 2

Shital1980 (Housewife)     10 February 2017

Thanks Mr. Samir..............I think at somepoint you are right... agreed wiith you. That willbe a wise decision for future.

Shital1980 (Housewife)     10 February 2017

Mr. Sachin......u r right , marriage works on trust , belief.........but getting cheated in emotions, trust....then person opts to go through this procedure with wise steps....

If few women opts this to fear their husband all the time.......then they are totally wrong.......

My point of view is different and some how agreed with what Sameer said.... Reconciliation, n giving another chance is better then withdrawing a case without any factfull reason.

If after reconciliations......if both might would be living happily their married life. Then its goodfor both of them and their future.

Bcoz 70% cases are like after reconciliation.........things get settles for few years....after that again drama n more worst thing happened with some of the couples...even women led to mentally harassed by inlaws n compelled for mutual divorce without asking any aluminy n maintainence.

That's y Reconciliation...is something if its required then case will be reopened.....Got it.

 

Sachin (N.A)     10 February 2017

 

Advice given by Mr Samir, is itself wrong. because even if a lady widraws the complaint unconditionally even then if she again wants to file any case, she can file and its very obvious that she will give reference of her previous cases.

 

Your life, your decision.

Shital1980 (Housewife)     10 February 2017

Its your perception Sachin on the context of Samir reply................Well you are also  right, that anybody can reopen a case if the gain worst condition happens in future.

 

WellI hope positive, and feels after reconciliation the things will be better if not perfect.............n me n my husband can again make things to better if we are together with unconditional love n trust, more important if we now truly love n concerned about our child then things will be on smooth way. We both have to focus on our married life and our child, rather then anything else.

I hope for best...n hoping that we both might not require to reopen  any case in future.

M CONFIDENT THIS TIME...  :)

 

Shital1980 (Housewife)     10 February 2017

Thanks to all for their advices.............. :)

Samir N (General Queries) (Business)     10 February 2017

"Advice given by Mr Samir, is itself wrong. because even if a lady widraws the complaint unconditionally even then if she again wants to file any case, she can file and its very obvious that she will give reference of her previous cases."

Not that simple... Law has provisions for what is considered waived... when you withdraw a case voluntarily, issues are deemed waived unless leave is granted to refile the case.  NEVER WITHDRAW A CASE UNCONDITIONALLY UNLESS YOU WANT TO WAIVE ALL ISSUES IN THE CASE PERMANENTLY.  

Things get more complicated when settlements are conditioned on withdrawal of pending cases. In such a situation, the application to withdraw must clearly mention the settlement. I am not an advocate but Good advocates always think of all "What ifs?"
 

1 Like

Sachin (N.A)     10 February 2017

Originally posted by : Samir N (2HelpU)
"Advice given by Mr Samir, is itself wrong. because even if a lady widraws the complaint unconditionally even then if she again wants to file any case, she can file and its very obvious that she will give reference of her previous cases."

Not that simple... Law has provisions for what is considered waived... when you withdraw a case voluntarily, issues are deemed waived unless leave is granted to refile the case.  NEVER WITHDRAW A CASE UNCONDITIONALLY UNLESS YOU WANT TO WAIVE ALL ISSUES IN THE CASE PERMANENTLY.  

Things get more complicated when settlements are conditioned on withdrawal of pending cases. In such a situation, the application to withdraw must clearly mention the settlement. I am not an advocate but Good advocates always think of all "What ifs?"
 

 

Dear Samir N (2HelpU),

I think your understanding of " unconditional" is incorrect.

It is very obvious that unconditional doesn't mean that women will allow the husband to do cruelty upon her it only means that both will act like husband and wife suppose to act and no other extra ordinary demand.

And present case will be widrawn as per mutually setteled means no one wants to prove his/her point.and it doesn't mean that present case is true or false.

Shital1980 (Housewife)     13 February 2017

U are absolutely right Sameer, even my Advocate or my friends consulted me the same not to withdraw a case voluntarily without having a fruitfull settlement. Settlement will be on some main issues to eradicate it from the root for forever. Not want same worst things to be happened again in my life. WANT IT TO BE CLEARED FROM ROOT.

Because some people never change. Lets see.

Shital1980 (Housewife)     13 February 2017

Sachin,

I am totally agreed what Sameer said... NEVER WITHDRAW A CASE UNCONDITIONALLY UNLESS YOU WANT TO WAIVE ALL ISSUES IN THE CASE PERMANENTLY.  
 

There is some valid reasons required to withdraw case, and reconciliation is been conducted to settle the disputes between two. Also on what terms and conditions the dispute will be settled. If the Petitioner experienced some issues in the past then all those that will be discussed between two. All that things and the root cause should be carried out and cleared out from the depth for forever. So that it will  not grown up again in future. Its for better future of all for forever.


(Guest)

Housewife v/s Idlers page 4 and on...laugh

Sachin (N.A)     13 February 2017

Originally posted by : Helping Hand !
Housewife v/s Idlers page 4 and on...

 

Page was getting bored, its good to have a useless joker on page.

Sachin (N.A)     13 February 2017

Originally posted by : Shital1980
Sachin,

I am totally agreed what Sameer said... NEVER WITHDRAW A CASE UNCONDITIONALLY UNLESS YOU WANT TO WAIVE ALL ISSUES IN THE CASE PERMANENTLY.  
 

There is some valid reasons required to withdraw case, and reconciliation is been conducted to settle the disputes between two. Also on what terms and conditions the dispute will be settled. If the Petitioner experienced some issues in the past then all those that will be discussed between two. All that things and the root cause should be carried out and cleared out from the depth for forever. So that it will  not grown up again in future. Its for better future of all for forever.

 

As I said your life , your decision.

But i havn't seen any successful marriage because of paper work or conditions drafted by lawyer. If you succeed please public that terms and conditions for the welfare of public, And also get your self registered in guinness book of world record.  

Shital1980 (Housewife)     13 February 2017

Stanley.............its not like that all Lawyers are there only to make money.............behind money they make faith too. Its your perception. I don't have any contradiction on that.

More about trust......Trust is been broken then only people comes to court............its another last chance.........n trust needs to be rebuilt  after living together. Trust is something can't be defined.

Shital1980 (Housewife)     13 February 2017

Sachin............this is not something a part of joke that you are suggesting me to get register myself in Guniess Book. You must respect a women emotions. I have not shared thread to allow some bullsh*tt people to make fun of it and crack jokes. Those who don't have any task or their own family are very much interested to crack jokes n make fun on other situations.

I hope you must have any sister, if have pls think about her, if in future something bad happens to her after her marriage. Domestic Violence day to day abusive language, mental harrassment of saasu ma n husband, taunts on YOUR FATHER HAVE NOT GIVEN THIS N THAT......... Then what she will do ???? As a brother WHAT YOU WILL DO???

I hope as Brother you won't be waiting for her to die at her in laws place. You better opt to save her and file FIR , COURT CASE aginst that bullsh*tt inlaws who are misbehaving with your sister.

I understand very well "HOW MARRIAGE WORKS ?? ". U pls don't give me lecture on SUCCESSFULL MARRIAGE.

IF After so many trials n avoidance it doesn't works then each n every men or women opt to go to court either for DIVORCE or to get it settled again with no worst conditions again in future.

WOMEN are not machine to use n throw, n reproduce child for the sake of VANSH n then  n ask for MUTUAL DIVORCE PEACEFULLY . Atleast men should give them the same respect , love , care n fullfiill their responsibilties as they do for their MOTHER  n SISTERS.

That's it. My point is that. Sorry my intention was not to get so personall.............but your earler comment.....made me burst out.

 

Ganesh Nair (Employed)     13 February 2017

Hello Shirali,

going by all your posts you mean to say that he bet you up simply just like that ? if what you are saying is true. Ok , there are wicked men too. You said it again and again that you love your husband more than anything else. Is it really true? Then he should have had some good qualities as well. You can't love your husband if he is simply wicked. Rather than settling matters inside the four walls you went to police station. Marriage works on trust. He will never trust you. Now it is too late. He is not going to take you back and if he does it may just be to escape all the cases you have filed. Your parents would have advised you that law favours women and if he refuses to take you back they would have dreamt of becoming crorepati overnight.  None of it is going to happen. By design or fate you have thrown your future to the winds. At least be a lesson for other girls and a gossip story in your neighbourhood.