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Ravi rao (Private )     24 September 2025

Divorce pending

My wife filed for divorce, and I also filed a separate divorce petition. Later, on legal advice, I filed a counterclaim in my wife’s divorce petition. My wife stopped coming to court, and I was granted a divorce in 2022

However, I did not attend hearings in my own divorce petition, and my wife also did not contest it. I am busy

Now I want to withdraw (not press) my own divorce petition. Will there be any problem, since I already got a divorce decree and did not withdraw my separate petition?



Quick Summary
The user filed their own divorce petition and a counterclaim in their wife's petition. They were granted a divorce based on the counterclaim in 2022. Now, they wish to withdraw their original petition, which was not contested and they did not attend hearings for. Legal advice suggests that since a divorce decree has already been granted, the original petition has become infructuous and can be formally dismissed as withdrawn. The court likely views the granted divorce as fulfilling the purpose of the original petition.

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     25 September 2025

Since you have already got divorce on the basis of your counter claim in her divorce case, the divorce case you instituted becomes automatically infructuous hence you may better file a petition to praying dismiss the same as withdrawn for the said reason. 

Dr. J C Vashista (Advocate )     25 September 2025

Your divorce petition is stated to have been allowed in 2022, then nothing remained in the case filed by you and the case file is already closed and sent to record room.

When your wife did not attend proceeding in her case vis-a-vis your case is stated to have been allowed  (ex-parte) her case has become infructous.

Is there any such provision for filing counter-claim in a divorce petition case ?

Manu Singal   25 September 2025

Counter-claim is treated as a separate suit. You have been granted divorce in 2022 hence, your counter-claim is allowed by the court. You should withdraw your earlier filed case being the purpose of filing the same has already been fulfilled through tour counter-claim which has rendered your earlier filed divorce petition as infructuous.

P. Venu (Advocate)     26 September 2025

The divorce having been granted, other proceedings have been rendered infructuous.

BVSPR- ADV Hyderabad (Advocate)     14 October 2025

In which case filed either by your ex -wife or you does not matter . Marriage is dissolved by divorce , it matters. If none are appearing your case might have been dismissed for default. If not dismissed file a memo and close it.


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