victimof bisedlaw (jobless) 30 January 2017

Withdraw the divorce case

Dear All,

I filed the Divorce case on my wife, but due to unavoidable reason and warrent for non payment of maintenance I can not appear before the family court. Shall I withdraw the case for some time and filed again before the same court.

one more question, if the case dismiss by court for non appearing, shall I again file the case before the court or I will lost my right to file case again.

thanks

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2 Replies

Sachin (N.A) 30 January 2017

You may withdraw the case, it will not bar your right to file divorce petition again.

But your non-payment of maintenance will remain an issue even after your withdrawal of case, as she may file case of execution

(Guest)

Originally posted by : victimof bisedlaw

Dear All,

I filed the Divorce case on my wife, but due to unavoidable reason and warrent for non payment of maintenance I can not appear before the family court. Shall I withdraw the case for some time and filed again before the same court.

You cant withdraw divorce pettion at this stage. You will have to pay dues and then think of withdrawing etc.

one more question, if the case dismiss by court for non appearing, shall I again file the case before the court or I will lost my right to file case again.

thanks

Dont let the case get dismissed. It will negatively impact your case. Even if you clear dues and witdraw the case, it will have negative impact on your case, if you wish to further want to file it again.

If case gets dismissed you will have to approach HC for divorce. If you withdraw case and file new petition again, it will take long time to get over.