Mutual divorce

Querist : Anonymous (Querist) 01 September 2011 This query is : Resolved
I alongwith my wife has filed application for mutual divorce in court. Can i withdraw the petition, what is the procedure

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Guest (Expert) 01 September 2011
Yes u can withdrawal the u/s 13 (B) HM Act petition.

ajay sethi (Expert) 01 September 2011
under section 13B of hindu Marriage act provides for divorce by mutual consent on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
in case one of the parties does not want to have divorce by mutual consent he can make an application for withdrawing his consent . in that case court shall dismiss petition for divorce by mutual consent

Raj Kumar Makkad (Expert) 01 September 2011
If you do not appear on the next date of hearing, even then it cannot be decreed and if you want to completely withdraw then file an application through your counsel on any working day of court and get this done. You can withdraw only your name from the petition.

Devajyoti Barman (Expert) 01 September 2011
Even to make this more easy , you can simply remain absent on the date of hearing. It would automatically get dismissed for default.

Advocate. Arunagiri (Expert) 01 September 2011
File a memo for not pressing the petition. The memo has to be signed by both the parties.

prabhakar singh (Expert) 01 September 2011
All possibilities explored,choose any one.

Querist : Anonymous (Querist) 02 September 2011
Thanks everybody

Guest (Expert) 02 September 2011
Even to make this more easy , you can simply remain absent on the date of hearing. It would automatically get dismissed for default.---Devajyoti Barman

Very smart move without going to court.

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