Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Victor   09 March 2018

How to withdraw filed divorce case

Hello -  Husband has filed a Divorce case first as his wife deserted him and living seperately at unknown place by her own reason.

Now court has awarded Interim Maintenace to her, As I am unable to proceed futher in this case. I would like to withdraw my Divorce Case.

Request you to please help me the proceedure with complications.

1) How to file a withdrawal of Divorce case and how much time it takes?

2) Do I need to take her consent also before withdrawing my DV case.

3) Do Court will impose some financial fine on me?

4) Do she can resisit or do some counter case on me?

5) Is after the withdrawal of Divorce Case, Interim Maintenance case will also be continued?

Request you to please reply your valuable input and help

 

 

 



Learning

 21 Replies

Victor   10 March 2018

I am unable to understand your response Mr. Ramesh.

I am asking some helpful reply with solutions, not that you confuse with your logic.

Please help me sending some solutions if you have any, else simply writing and scaring people will not solve the purpose

Rishi kumar   10 March 2018

Hello Victor, 

i am not writing here to offend you or scare you. The decision to divorce your wife should be strong enough and so,reasonable. It should not be taken on flimsy grounds. After much adjustments, patience and tolerance if you still find it impossible to live with her then divorce should be the best and last option. Once you have decided to do that there can't be any turning back. If you are feeling maintenance is more terrible than your wife, then your wife is not terrible at all. Maintenance is only the tip of the iceberg. Things more terrible are yet to come.if you are planning to run away because of maintenance it is a wrong move. Anyway she has already walked the courts. That means , she has tasted blood. In no time she will turn out to be the man eater. Running away may not help much. Fight with all your might if you are INNOCENT. As they say, having donned a dog's costume, it it better to bark or even bite. 

Victor   12 March 2018

Thanks all for your response, but in case I will make all the Interim Maintenace amount to her, after that I can withdraw my Divorce case, as I dont want to continue and lost hope on Indian Judicial system.

Not able to understand taking my Divorce Case will create a giant hole How?

Also if I continued my Divorce Case, the Interim Maintenance will also be continued, which I have to pay, to avoid that I am ready to make a Interim Maintenance Ariers with payment and withdraw the Divorce case.

If my wife want anything further let her file the case, as I am ok to live without any Divorce, in that situation what else she can do which I should be carefull about. Is she can harm my family member, is she can take permission from court to get money from Bank Account or Is she able to sold or capture my house or any property. Please advice with details.

sai narayana   12 March 2018

Don't worry.

Just appear in the court and convey your intention to withdraw the petition by saying "not pressed"

(or)

completely abscond by not appearing in that court any more

(or)

By filing revision against the interim-maintenance order in appellate court, you can obtain stay by agreeing to pay at 50% of the ordered amount (the remaining depends on outcome of the revision), you can continue the divorce case.


(Guest)

(Guest)

(Guest)

(Guest)

(Guest)

(Guest)

(Guest)

(Guest)

(Guest)

(Guest)

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query