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HK_Jain... (498a Fighter)     09 April 2013

Crpc 125 withdrawl proceedure in delhi fc

 

 
Dear Experts
First Motion has been passed, What is the proceedure of Dwarka Family court regarding withdrawal of crpc125 filled by ex.

Is Presents of both side lawyers mandatory at the time of withdrawal of CRPC 125 maintenance case?
 
Is Presents of Petitioner and Respondent mandatory at the time of withdrawal of CRPC 125 maintenance case?

Kindly enlighten the queries..



Learning

 3 Replies

Tajobsindia (Senior Partner )     09 April 2013

To both questions the opinion is

1. Yes.
2. Summary statements of parties are recorded and then dismissed as withdrawn Order is announced.

2 Like

Bhasin...... (ADVOCATE)     09 April 2013

So basically your wife has filed consent terms before the court for withdrawal?? (if thats what you are trying to say) ....If the spouses privately compromise then the court is ousted from its jurisdiction because there was no formal order/decree, therefore your private agreement between your wife and your good self would not be executable through legal channels.

It is judge's inherent  discretion to order presence of the parties in presence of their pleaders  to ascertain  that no coercion or undue influence or any such tools were used to affect the compromise.

HK_Jain... (498a Fighter)     09 April 2013

Originally posted by : Bhasin

So basically your wife has filed consent terms before the court for withdrawal?? (if thats what you are trying to say) ....If the spouses privately compromise then the court is ousted from its jurisdiction because there was no formal order/decree, therefore your private agreement between your wife and your good self would not be executable through legal channels.

It is judge's inherent  discretion to order presence of the parties in presence of their pleaders  to ascertain  that no coercion or undue influence or any such tools were used to affect the compromise.

I clearly mentioned above "FIRST MOTION HAS BEEN PASSED". means under sec 13 B HMA in concerned court.

Well Tajoob Sir got my questions and had replied accordingly.


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