Querry
payel
(Querist) 25 March 2013
This query is : Resolved
hello i would like to state that i am going thru a contested divorce and i want my case to be withdrawn so that i can go ahead and file a fresh case..i have sent this querry before too..my lawyer said it takes 6 months to withdraw ..is it true?
is it necessary for my ex husband to sign the papers if i withdraw the case? and when can i file a fresh case against him?
R.K Nanda
(Expert) 25 March 2013
repeated query.
Advocate M.Bhadra
(Expert) 25 March 2013
If you filed a Divorce suit on contest and which is pending before the Court then you can withdraw under order 23 rule 1 C P C with a prayer to liberty for filing a Fresh Suit.No need to sign of your husband,but if your want to file a Divorce Suit on mutual consent then there is necessary to sign by your husband in the petition.To withdraw the suit time is require 1 day to one month.
or.23 ru.1 CPC :---- Withdrawal of suit or abandonment of part of claim.- (1) At any time after the institution of a suitTh2jintiff may as against all or any of the defendants abandon his suit or abandon a part of his claim.
Raj Kumar Makkad
(Expert) 26 March 2013
You have already been advised against your similar query that the opinion of your lawyer is absolutely wrong. You can withdraw the petition within 5 minutes.
Devajyoti Barman
(Expert) 26 March 2013
You can file fresh case at any point of time after the withdrawal of the earlier one but on new cause of action only.
