Ajay (Software Professional) 04 July 2011

Divorce withdrawal- urgent

I filed divorce petition on cruelty grounds I have following doubts:

My wife hasnot replied yet.. at this stage,

1. Can divorce petition be withdrawn by petitioner without reconciliation? If so, can I apply to withdraw the petition without stating reasons?

2. If she replies counter to my petition, can I still withdraw the my divorce petition will the case gets dismissed?

3.I have 498a pending on me, will I have any impact if I withdraw my divorce petition stating I will give divorce only if she withdraws the her 498a case

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4 Replies

(Guest)

You can withdraw your case anytime with/without reason.

I think at this stage you should only concentrate on fighting 498A. If you counter it effectively all other things will fall in place.

God Bless !!

rahul (director) 04 July 2011

dont withdraw your divorce petition, otherwise also, since you applied for div. you wont get div in hurry. secondly. withdraw is nothing to do with case stage, you can withdraw at any stage. court never interested in running, case,, its you who wanna file case.

I dont able to understand, why you wanna withdraw your div petition.whatever settlemt will be happen betwen you,, then she will withdraw her 498a .

Anjali (IT) 05 July 2011

yuo have not mentioned any reasons for withdrawal. why do you want to withdraw , will it help you in 498A ? [i don't think so]...if you withdraw , this will be advantage to your wife ,. [she can say it as mental cruelty to her that you file and withdraw divorce petition]. ..just let is be , if you she doesn't reply , you will get exparte divorce .