Can Judicial Separation case be withdrawn at any point?

Originally posted by : KJ
	Dear Radhika Madam, Really appreciate your help. 1. Suppose I manage to pay the expenses on the next date from my family friends and ask the Judge to withdraw my case, will he disapprove it? No, he will not disapprove it but he may levy costs.  2. Suppose I manage to pay the expenses on the next date from my family friends and ask the Judge to withdraw my case, and incase Respondent disagrees or raises a dispute on withdrawal, what shall be done? As mentioned hereinabove, max to max costs may be levied.  3. What is the class of entitlement for paying her travel expenses for the Rail Ticket and Hotel stay? Also, how many people can she claim the expense for? Class of entitlement depends upon several other factors.  What is the reasoning provioded by the Judge while passing the order? For herself and for the person who is accompaning her.  4. Also, the respondent is already receiving the maintenance of 7000/- each month from Gujarat Court but is not filing for Divorce in a view to torture and spoil my life. So, to be on safer side I had filed this JS case instead of Divorce as it backfires on the boy side as the girl always lies to join our family again which is her advocates tack tick. Request your guidance? Filing JS was no  strategy. You could have filed for RCR instead.  JS means you shall be legally entitled to stay separate from your wife but your marriage will always subsist.  Tamaro bhai samjin help magu 6u. Please help me through this as its almost 3 years of our marriage now and the court is wasting my time and blindly favoring the girl just because she is travelling from Gujarat to Pune and lies about her family problems by crying in front of the judge. Thank you for your time and help.

 

1. So, what shall I now file for, assuming that the Court withdraws my case on next date by leiving the expenses? 

2. Will the court provide me some time to clear the pending dues for the travel expenses order passed before withdrawing the case? If yes, then what is the maximum period that can be granted?

Thank you for your time and help,appreciate it.

 

Originally posted by : Ramesh Singh
	@Radhika Mam, had you suggest the author to file app. U/o 23 r 1 r/w S 21 HMA?? In 1st post or had you asked the author to clarify their married period or ground sought for JS?? Now the author give the details of fact in installment. Now read b/w lines, hope you can. If y'are Adv. Then 'suggest' legal course of action & not moral 'advise' in legal bundled (read positively) "your inputs are noted wisely & repeat or not depend on future query"

Firstly, i would advise you to not read so much between the lines that you lose sight of the main question in the thread.  Why should i ask for how long were they married or on what ground he sought JS when the querist clearly dosent want to continue with his JS Petition and the length of his marriage is of no consequence to the questions asked in the thread? 

Secondly as far the CPC provision quoted by you is concerned, kindly read the question again where the querist has mentioned that he has already filed the withdrawl application. Moreover, whilst it is true that the provisions of CPC apply to matrimonial proceedings,  the same cannot be followed blindly.  Sec 10 of the Family Court Act substantiates my point as it clearly mentions that the Family Court can decide its own course of action. 

Thirdly, even if I am giving moral advice in "legal bundled" as claimed by you, kindly elaborate on what is the correct legal advice and share the same to enlighten all of us? 

Originally posted by : Ramesh Singh
	Sir, Court proceeding is not walk around or walk out at/from your court yard, you can't withdraw JS petition, unless Magistrate/Judge satisfy by respondent. You have to bear the expenses.

Is this "legal advice" which you are referring to here??? 

Originally posted by : KJ
	1. So, what shall I now file for, assuming that the Court withdraws my case on next date by leiving the expenses?  I would advice you to wait. If you are not in a hurry, that it. As anything that you file, some or the other order may be passed in monetary terms, which you presently may not be able to deal with.  2. Will the court provide me some time to clear the pending dues for the travel expenses order passed before withdrawing the case? If yes, then what is the maximum period that can be granted? Depends totally on the discretion of the Court.  Thank you for your time and help,appreciate it.

 

Dear Radhika Madam,

I am really thankful for the help and guidance I have received till now.

I have few last questions based on the entire trail till now,

1. My Advocate has requested me to be present on the next date by any cost for withdrawing the case? Plz suggest.

2. Judge mentioned that they'll verify my reason i.e. Financial Problem. What can I expect from the Judge and how do I tackle the same on that day without furnishing any income proofs?

3. A suggestion based on your experience for, A concrete way to withdraw my case on the next date by paying all the charges lieved without any problem as I am expecting a 100% disapproval from the Respondent/Her advocate side for withdrawing mycase as the court is favoring her till now so she'll not live this opportunity to create trouble for me?

 

 

With my below query I mean to say that is it really required or he is lying to me? My Advocate has requested me to be present on the next date by any cost for withdrawing the case? Plz suggest.

Ramesh Singh, 

we do not become heroes by criticising others. Radhika and Sachin both give relevant replies. They have answers for all the criticisms you heap on them. Let us co operate and appreciate also. Let us encourage and thank them for the time they'd spend here. Ramesh Singh, I would like your contributions also to continue. Let us not waste pages for blaming. You say you are a consultant but here the medium is English and I wish you improve your skills on this medium even though you can be a good lawyer even without a good command over the language. Channelise  your energy for improving your skills. Leave Radhika and Sachin alone and let them do their work.