withdrawl of petition for judicial seperation
Querist :
Anonymous
(Querist) 13 June 2011
This query is : Resolved
A family court case was going on between husband against his wife/alleged purchaser purchaser of property from her.
During the proceedings the alleged purchaser put forward a theory that husband and wife are colluded and want more money for the property since the prices have gone up.
Truly to counter the false collusion theory created by the alleged buyer, a judicial seperation was sought by the husband from his wife. It was granted ex parte since wife or her counsel failed to appear.
Now husband wants to withdraw the judicial seperation order. what is the procedure. Can it be done by the husband himself or should have a advocate to do it.Its nearly two years of granting the Judicial seperation decree.If any proforma is available where should I get it.
Greatly obliged if the expert panel can guide.Thanks for your co operation in advance
prabhakar singh
(Expert) 13 June 2011
THE WIFE SHOULD MOVE AN APPLICATION BEFORE THE COURT WHICH HAS PASSED THE JUDICIAL DECREE THAT SUMMONS WERE NOT SERVED ON HER AND IN ABSENCE OF NOTICE SHE COULD NOT APPEAR AND THAT EX PARTY ORDER SHOULD BE WITHDRAWN AND SET SIDE,IF YOU DO NOT OPPOSE THIS APPLICATION OF YOUR WIFE, THE COURT WILL SET ASIDE EX PARTY DECREE PASSED,THEN LET IT MOVE FOR SOME DATES AND THEN GET IT DISMISSED EITHER IN DEFAULT OR BY MOVING A WITHDRAWAL PETITION.
Querist :
Anonymous
(Querist) 13 June 2011
Thank you prabhakar singhji.
Summons were served to the wife and the tracking delivery of the courier was submitted to the court . only when the court was convinced that the summons were served it proceeded to grant the judicial seperation ex parte.
it is the husband who moved the petition for JS and in whose favor the judicial seperation decree was issued, wants to withdraw the case. How to go about it without involving the wife.
Querist :
Anonymous
(Querist) 13 June 2011
another query I want to ask. Can I ask the court instead of withdrawal of the judicial seperation, can it be converted to restoration of conjugal rights.Is it possible and will the court entertain. In that way I will come across her and will be able to counsel with her and rectify the real cause.Thanks
Querist :
Anonymous
(Querist) 14 June 2011
Kindly assist me experts. Suddenly I see no replies or suggestions. The query is still live and open.Thanks
