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How to withdraw 13-b ? lawyer misguiding me

HI,

In my recent date of Mutual Consent Divorce Section -13 B, I asked judge that i am withdrawing my consent but judge said that then why you have filed it? Then he called me and mywife in his cabin for counseling ... and aksed us to come on next date. Now i want to withdraw it so that case does not come on board . My lawer says that judge will convert it into 13-A in next date. What i want is , i would like to file a written application to registrar to withdraw my case, is it possible that if i withdraw my case it will not come on board of judge?

Thanks

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7 Replies

AANAND KUMAR SETHI ADV. 27 October 2016

Amit ji city kaun si hai aur agar aapne withdraw application move kar di hai to case withdraw hi hoga next date ki koi zaroorat nahi hai agar aapke lawyer abhi bhi same version hi kehte hain to 12/NOV./2016 ko NATIONAL LOK ADALAT hai jisme kisi second counsel ko authority dekar withdraw karwa sakte hai...... AANAND KUMAR SETHI ADVOCATE www.sethiandassociates.com www.sethiandassociates.co.in 09307488799,09936428799

Ms.Usha Kapoor (CEO) 28 October 2016

After you withdraw if the judge meanwhile converts the MCD inti unilateral Divorce under section 13 A you need not wait.. Even if you wait for 2 or 3days after your withdrwal your case it won't come up in the judge's Board what's going to hppen? Heavens are not going to fall in such a short period of time. Soon the Judge will convert your MCD into unilateral Divorce petition u /s 13 A. You wanted it and now it is happening.What else you want?If you appreciate this answer please click the thank you buton on this forum.

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 28 October 2016

It is always advisable to withdraw mutual consent divorce petition by filing a written application withdrawing your consent. The judge has got no option except to allow your application and dismiss the case. Your MCD petition cannot be automatically changed by the judge Under Section 13 (1)(a), because that petition needs different drafting and detailed grounds, which are not at all available in MCD petition. At the most, the judge will ask the wife to file a contesting divorce petition on the grounds available to her.

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A walk alone (-) 28 October 2016

Why do you want to withdraw 13b? Do you want to roam courts or waste money on lawyer? MCD is golden opportunity of your life. Anyway its your life your decision. you can file a written application withdrawing your consent.