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Soman (Dy Manager)     06 April 2016

How to withdraw divorce case.

My wife filed for divorce nearly four years back on cruelty basis, also filed for maintenance under sec 125. I opposed, filed for RCR.

 Her advocate has presented the final arguments and my side final presentation for one day is pending. In between one of her relatives tried some mediation and she is willing to withdraw the cases; we have informed the court about the possibility of an outside settlement.

We want to withdraw the cases (divorce, maintenance & RCR) considering the future of our daughters. Our advocates want to add some financial terms which I opposed, as my wife and daughters are my only dependants. Wife also has no doubt and agrees.

Could someone suggest the simplest way to withdraw the cases please?



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 4 Replies

saravanan s (legal advisor)     06 April 2016

file for quashing u/s 482 crpc in high court along with the compromise deed you both had worked out

1 Like

Vijay Raj Mahajan (Advocate)     06 April 2016

No need to go to High Court for the petition filed for divorce, RCR and maintenance under section 125 Cr.P.C in the Family Court by both parties, for quashing the FIR under 498A IPC etc. only the quashing petition under section 482 Cr.P.C is filed in the High Court.

Please don't give wrong information here in this forum.

You both simply appear in the Family Court, make statement of withdrawing the various petitions filed by both of you and live together as husband and wife. Nothing more is to be done, the Judge of the Family Court will dismiss all your petitions as withdrawn on the basis of the joint statement made by both of you.

1 Like

saravanan s (legal advisor)     06 April 2016

Thank you for correcting me mr vijay

Soman (Dy Manager)     07 April 2016

Thank you all for the kind replies.

 


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