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pun (eng)     19 January 2013

Wife taking back the withdrawal application

Hello Members,

Wife had filed the case withdrawal application in DV case just to avoid the child visitation order. I opposed this withdrawal application as it is filed to avoid my visitation right. later the magistrate passed the visitation order and decision on withdrawal app was pending till now. now just becuase the child visitation order is already passed, wife has filed another application saying that she want to take back the withdrawal application and want to continue the case.

pls suggest if there is any provision in Crpc / DV act / according the law to take back the withdrawal application and play with court and using the court as tool. please share any judgement or any law reference to handle this situation.

Thanks



Learning

 4 Replies

Tajobsindia (Senior Partner )     19 January 2013

1. Yes, Apex Court has already said one can file An Application for withdrawal of withdrawal Application and it is allowed as in settled Law.

pun (eng)     20 January 2013

does she need to provide a valid reason to continue the case?..if the apex court has already said about the withdrawal of withdrawal application, even then does the trail court has powers to not consider the withdrawal of withdrawal application and dismiss the application.

Tajobsindia (Senior Partner )     20 January 2013

@ Pun sahib,

Have fait in
Apex Court

1. As per Art. 141 COI if a Law is settled by
Apex Court all trial Courts including State's HC have to follow it. There is no such question as to not following Law declared by Apex Court and that replies your second question.

2. A withdrawal in reference to context can be by Oral / by statement and even without any written reason that is the peculiarity of settled Law.

I told you few days back, your wife has a smart advocate, do triple the work for each of her moves. 

cm jain sir (ccc)     20 January 2013

Let her play hide n seek game but you fight for visitation rights.


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