With draw section 9

Anand (Querist) 06 August 2016 This query is : Resolved
My wife told to me first close ur section 9 Rcr..... Then she talk or join matrimonial house...... Meanwhile she file a case of transfer petition of section in SC and summon receive.... And SC has stay on my section 9......can I withdraw my section 9 from lower court without appear in SC.....

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adv.bharat @ PUNE (Expert) 06 August 2016
please state full fact of case.

Devajyoti Barman (Expert) 07 August 2016
If stay is granted then you can not even withdraw the case.
On the contrary let the case in SC allowed and then let the RCR dismissed for default on transfer.
If she is willing to return then get the case in SC transferred to Mediator where both of you can reach to a compromise.

Rajendra K Goyal (Expert) 07 August 2016
Agree with the advice from expert Devajyoti Barman.

Rajendra K Goyal (Expert) 07 August 2016
Repeated query:

http://www.lawyersclubindia.com/experts/With-draw-section-9-610911.asp

http://www.lawyersclubindia.com/experts/Rcr-section-9-transfer-petation-609126.asp