Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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s kumar (dfdf)     06 October 2009

withdrawal of divorce petiotion

I have  applied for divorce on cruelty ground . Now my wife has filed a Crpc 125 in family court after getting the summon asking for permanent alimony as well as interim alimony . We are staying separately for last 1 yr . She has shown the cause that I have driven her out of the house and not bringing her back .

But I have proof that she has come out of the house on her own and I have tried to take her back many times .

Now can I withdraw my divorce petion without seeking approval from the respondent ?



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 9 Replies

Vishwanath tripathi (Advocate)     06 October 2009

Dear, Yes.. At any time you can withdraw your divorce petition because petition U/S 125 Cr.P.C has no relation with divorce petotion.

s kumar (dfdf)     06 October 2009

At the time of hearing of 125 case will the judgemnt go against me as I have applied for divorce before hand . It is worth mentioning ,I m taking the stand that I m willing to take my wife but she is not willing for which I have proof also  .

Shivanand Mishra (Advocate)     06 October 2009

if this is the case then why you want to withdraw the divorce petition. you can very well contest the same as your withdrawl of petition will not help you in 125 case as both are different proceedings.

dream (individual)     07 October 2009

ok..

husband filed for divorce on cruelty, wife filed for maintenance.

husband claims he has strong proof that she left the home on her own.

but still worried and just to stop giving maintenance, husband wants to withdraw divorce petition?

something amis here

s kumar (dfdf)     07 October 2009

Dear dream,

 Though my wife left me on her still i didnt have inention to go for divorce . But I was getting constant threat from my in laws to file 498 against me . As u r aware of there is no remedy to this disease . So I thought of going for divorce so that at the time of bail I can show that as i applied for divorce they have filed for 498 and my lawyer told that i may get bail on that ground .

But inlaws didnt go for 498 and instead went for asking maintenance in family court ( I have filed for divorce in district court) in sec 125 citing the reason that I have driven her out of house asking her for dowry .

So as u predict , i dont want to pay a single hard earned penny to her as she is not staying with me . Even I wl not get anything divorcing her .

So now during trial of the Crpc 125 in family court I want to with draw the case , as I fear that if she loses the case in family court she will accept the divorce in district court which I dont want .

dream (individual)     07 October 2009

open forum is not a better place to discuss strategies. i have sent a PM post,

all the best

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 October 2009

Dear Author,

I want 2 know more about your case. u can contact me at:-09871158578/09711364956

s kumar (dfdf)     09 October 2009

Dear Mr Shivananda Mishra Ji,

In case she loses the case in family cort in crpc 125, she will ask for the same in disrict ( where I have aplied for divorce) in HMA 24 while contesting the divorce petition .

My intention was not to go for divorce , and even now I dont want that . I was a bit misguided by the lawyer , now i understand that I should have gone for RCR . If she doesnt want to stay with me , fine enough I dont have any objection . But i dont want to pay her maintenance of any sort as i know she is being used as pawn by some body else .

So my question remains . 1) can i with draw divorce petiotion any time I like ?  2) Can I file for RCR instead?

It is for information that the 1st date for the sameis in november .

 

Adinath@Avinash Patil (advocate)     12 October 2009

you contest you divorce pettion & cr.pc.125 case.


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