Withdrawal of 125 crpc

CpPlus DvR (Querist) 31 March 2022 This query is : Resolved
My wife filed 125 crpc, my lawyer filed vakalath, he is not co operating. Can she withdraw unilaterally without my or my lawyers consent/presence. What will happen if my lawyer objects just to create problems

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A wife who has filed a Section 125 CrPC case is generally considered the 'dominus litus', meaning she is the master of her case. As such, she has the right to withdraw her petition at any time she chooses, even without the consent or presence of her husband or his lawyer. The court typically allows such withdrawals, as the opposing party's lawyer cannot prevent it if the petitioner wishes to proceed.

Anish Thakur 7018812737 (Expert) 31 March 2022
she can withdraw her case in your presence or without your presence. even your lawyer cant stop her if she want to withdraw her case.

kavksatyanarayana (Expert) 31 March 2022
Yes. I agree with the advice of the above learned expert Mr. Anish Thakur sir.

Dr J C Vashista (Expert) 01 April 2022
What do you mean by used in the sentence, inter alia, "my lawyer filed vakalath, he is not co operating. " who is not cooperating ???

Being dominus litus (applicant / your wife) i.e., she is master of her case and can withdraw it any time she feel so.

Advocate Bhartesh goyal (Expert) 01 April 2022
Yes, your wife being a petitioner has every right to withdraw the petition./case.

P. Venu (Expert) 12 April 2022
How you are prejudiced if the wife withdraws her petition?

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