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swasti (Manager)     01 September 2012

Is it possible to withdraw annulment petition?

If wife filed for annulment on ground of false impotency allegation, can she withdraw that petition stating “parties have compromised and have agreed to live together” in case both reached compromise outside the court or at mediation centre? 

Is there any possiblity of court asking how could you compromise as there is impotency allegation in the petition?



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 8 Replies

Troubled Hubby (support )     01 September 2012

Yes you can file a joint memo in the court saying that we have reached a compromoise and to quash the proceedings


(Guest)

You can withdraw it any time. Court has no busines asking you why you want to withdraw it.

 

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

1 Like

swasti (Manager)     01 September 2012

Thanks experts!

If she withdraw it, can I use that history for my advantage in case she files for divorce on other grounds later? I mean filing for annulment on impotency ground and later withdrawing it on compromise to live together clearly shows that the impotency allegation is false one. So, can I submit this case history to convince the court about her charactor of filing cases on false allegations, in case she again files divorce  on other grounds later? 

 


(Guest)

You have to submit in written only that compromise has done between both party and you willing to live with hom.

Court will allow you to withdraw your case.

Navaneetha Krishnan (engineer)     08 April 2014

Hi in line to the similar topic i have another quick question.Can both the parties file a joint memo to accept the Nullity irrespective of the contentions.Recently one for the fellow member mentioned that in a short lived unconsummated marriage they filed this joint memo and got nullity within a month's time.Is it possible

Shantanu Wavhal (Worker)     09 April 2014

 

You can withdraw it any time. Court has no busines asking you why you want to withdraw it.

 

if there is no trust, dont cohabit once again

Navaneetha Krishnan (engineer)     09 April 2014

Hi Amit,

                I think you did not read my message.My question is not about withdrawal of annulment but filing a joint memo for getting the nullity if both party accepts.Is there some thing like that

Shantanu Wavhal (Worker)     09 April 2014

@ quick relief, 

my reply was not addressed to you.


as far as ur query is concerned, nothing called nullity by mutual consent exists in law.

 

in a short lived unconsummated marriage they filed this joint memo and got nullity within a month's time

its NOT possible.

 


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