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(Guest)

Steps to withdraw divorce case during mediation?

During mediation of divorce case I applied for withdraw of my divorce petition and from last 3 months it is still in mediation center.May I know what are the steps to withdraw divorce case during mediation?



Learning

 9 Replies

rahul (director)     09 April 2013

Why you are withdrwing without outcome of mediation?

if there is settlement in mediaiton, then you both file 13B(1) of Mutual divorce. and at the time.. you withdraw the  divorce petioner citing the settlement in mediation. fileing of mutual divorce and withdrwing will be at same time.

 


(Guest)

 

Originally posted by : rahul


Why you are withdrwing without outcome of mediation?

During mediation of divorce case she filed dowry case

if there is settlement in mediaiton, then you both file 13B(1) of Mutual divorce. and at the time..

Settlement amount is very high for me

you withdraw the  divorce petioner citing the settlement in mediation. fileing of mutual divorce and withdrwing will be at same time.

I do not want to give divorce her till my death after dowry case.

 

Manish Udar (www.Mehnat.IN)     09 April 2013

file an application for withdrawing your case with 20 rupee court fee stamp.

 

www.mehnat.in


(Guest)

That application already submitted with some stamp on a piece of paper on January 2013.

Never Give Up (Fighter)     09 April 2013

There are many factors like was there any application of HMA24 (interim maint.) by your wife ??
If there is none than judge will be more than happy to dismiss divorce petition and other party can not challenge your withdrawl.

 

The entire process takes less than 15 minutes. Where in judge will ask for NOC from both side lawyers and respondents. And then he writes order application dismissed as compromised/withdrawn with so and so reason..

 

This can only happen once case goes back to court from mediation center and both party's lawyer and both party should be present (with my limited knowledge of law).

Never Give Up (Fighter)     09 April 2013

The entire process takes less than 15 minutes. Where in judge will ask for NOC from both side lawyers and respondents. And then he writes order application dismissed as compromised/withdrawn with so and so reason..


(Guest)

There is no HMA 24 becuase case is in mediation center.

Never Give Up (Fighter)     10 April 2013

Once mediation process is complete (failed/success) court paper goes back to court. On the very first date you can ask for withdrawl of the petition.

 

You would need to wait for your case papers to come to court and let the normal case proceeding start.Infrom mediation people that you are not willing to attend any more mediation dates and they will send the papers back to court.


(Guest)

In my case mediation is still going on. It is not failed/success.


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