IA after plea for withdrwal of OP
Querist :
Anonymous
(Querist) 08 March 2011
This query is : Resolved
Ld Counsels,
Husband as file a memo for the withdrwal of petition filed for restitution of conjugal rights. An annulment OP was also field by the husband.
After this wife is filing an IA in the OP for restitution of conjugal rights to declare marriage as null and void based on submission in the OP for restitution of conjugal rights.
is this IA matainable after the husband pleaded the court for the withdrwal of RCR petition. When the husband himself is not pressing for the restituion will the court admit the IA filed on the petition which the husband is willing to withdraw. Whatever submissions made in the OP for RCR will stand withdrwan irrespective of the IA.
Courts can only decide on the cost aspect of the suit if the suit is withdrawn by the petitioner. Can court allow an IA based on the submissions or admision which the petitioner is willing to withdraw.
Please clarify.
Uma parameswaran
(Expert) 08 March 2011
IA is not maintainable after the withdrawal pleading made by the petitioner.
