Anoop John (Private) 20 April 2024

Consequences of withdrawing my counter in high court appeal

What will be the result or consequences of withdrawing my counter in the High Court appeal filed by the opposing party against the dismissal of their divorce case by the Family Court after trial? I mean filing a 'not interested to proceed' application. What will be the result or consequences of withdrawing my counter in the High Court appeal filed by the opposing party against the dismissal of their divorce case by the Family Court after trial? I mean filing a 'not interested to proceed' application. Given that the appellant is dragging the case, would filing such an application from my side help expedite the case closure? Now I am not concerned about whether the appeal is allowed or not.

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Quick Summary

This discussion explores the implications of withdrawing your 'counter' or objection in a High Court appeal, specifically when the opposing party appeals a divorce case dismissal. The user is asking if filing a 'not interested to proceed' application could speed up the case closure, as they are no longer concerned about the appeal's outcome. The advice suggests that withdrawing the objection could lead to a court order based on the appeal's merits, and the user is inquiring about the possibility of appealing that subsequent order.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 20 April 2024

If you withdraw your objection and also request for withdrawing from contesting this case, the court will then pass an order on the merits of the appeal.