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Krishnaya vasudevaya (--)     30 March 2015

Procedure to withdraw mcd

What is the procedure to withdraw mutual consent divorce by husband?


Is it required to file a withdrawal application or if I don't appear in court, the case will be automatically quashed by the judge and hence my wife has to file contested divorce if she needs divorce. 


Please advise. 


 2 Replies

saravanan s (legal advisor)     30 March 2015

if you dont appear either during the first motion or second motion then the case would be dismissed by the court

Krishnaya vasudevaya (--)     30 March 2015

Thank you for the quick response Saravana. 


My wife has withdrawn sec 125 case against me but I am yet to withdraw the RCR. Should I withdraw it too or continue further. Can my wife re-open the sec 125 case agains me.


If so, we both have agreed on 100 rupees stamp paper that we will withdraw all the cases and continue with the MCD. Will there be any legal trouble for me since I did not withdraw the RCR case. 


My mind has changed hence I would like to continue co-habit with the wife?


Please respond as quick as you can. 

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