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thirumala1 (yyyyyyyyyyyyyyyyyy)     03 August 2013

Withdraw divorce

firstly husband filed a divorce case i took stay on his case , i hired a lawyer he asked me file a divorce case from myside without any knowledge i filed at present i dont want to attend the divorce case is it possible to withdraw the case or i should prolong the case? dvc and 498 a is pending

what is an affidavit in divorce?


 11 Replies

Adv k . mahesh (advocate)     03 August 2013

without any knowledge i filed at present i dont want to attend the divorce case is it possible to withdraw the case or i should prolong the case?

if you are not for divorce then file a petition to withdraw the case or else the case will be over heard by the judge means heard ex parte and the decision will be taken 

concentrate on other cases if you want to but if you want to patch up with your husband then do not take up the cases withdrawn them and live happily 

on withdrawal only filing a petition through your advocate or any other advocate and judge will ask you want to withdraw without any pressure you have to say 


thirumala1 (yyyyyyyyyyyyyyyyyy)     03 August 2013

 continuation :

there is no matter of reunion with my husband  if i go for divorce my dvc and 498 a cases may become weak i want to fight for that so is it good for withdrawal or else prolong?

fighting back (exec)     03 August 2013

@padma...........what will you gain by fighting the 498 and DV cases

they will only give you mental satisfaction.....what is your age? do you want to spend the next 6 to 8 years of your life in court battles..and by the time you come out, you wil be called a ' 498 woman'

believe me..........no one will even think of marrying you, leave alone approaching you.....you will live a lonely life,, this is a fact and a bitter fact//

lawyers advice 498 and dv to fill their pockets, but what will u gain.. ? think about that? dont you wish to live a happy family?

think on this..........all the best for your future endevours

thirumala1 (yyyyyyyyyyyyyyyyyy)     03 August 2013

H damaged my reputation in the society at prsnt it is very hard and tough time facing the society how can i forget the pain which he gave to me? decided  not to marry i mean no one will marry me (this is the prsnt situation) is their any case for damaging reputation how should i  file case?

what is lokadalat need information? pls

shriks........... (healyhcare)     03 August 2013

1.lokadalat is just like you decide out of court and validate your statements which become binding on both of you by a judicio-legal stamp.....
2. the copies of your mutual aggrements you can submit to your respective cases and move cases accordingly.......
3.its like mutually decided stamped agreement  with validity by govt....22nd sept 2013 i think is for maharashtra

Adv. Chandrasekhar (Advocate)     03 August 2013

You are confused a lot.  There will be no stay on divorce case filed by your husband.  So talk to the advocate and find out the exact position in respect of divorce case filed by him.  Next, if you want to withdraw the divorce case filed by you, on the next date aopper before the court with an application for withdrawal and the judge will dismiss the case as withdrawn.  You can pursue Section 498-A and DV cases, but you should get proper legal advice to succeed in these cases.  Most of the Section 498-A cases are decided against the wife for the reason that there will be connivance between the Assistant Public Prosecutor and the husband's advocate and the wife is not properly briefed before appearing herself as witness.  So take proper assistance from good lawyer to get proper result.  If his actions and words damaged your reputation and his actions come within the purview of 'scandal' and/or 'libel' as defined in law, you have legal remedy by filing defamation case.

thirumala1 (yyyyyyyyyyyyyyyyyy)     04 August 2013

is it possible to counter file expartee decree of divorce if so within how many days should i go for it?

Adv. Chandrasekhar (Advocate)     08 August 2013

Within 30 days from the date of ex-parte order you can file application to set aside ex-parte order and once this application is allowed, you can file counter.  If you are filing the application after more than 30 days, you have to file another application seeking condonation of  delay along with the above said application.


@ padma,


If husband had filed divorce first then how come a stay can be there without any proper proceedings and evidences?


as you said you have filed divorce after that-----------what's going on as you needed divorce then why you have wasted money and time and also come as on false record in court purview. It's better that you would have become expartee.


you are totally confused as what you want ------A revenge by court cases of filling 498a and dv will only prolong your anxiety and agony. As court is not recreation centre or something like entertainment parks where we can easily spend our precious lifes 2 -3 hrs weekly or monthly throughout the life.


As you have tough time ahead by these cases with confused mind. You are not thinking of your future.


a reputation can be made by your efforts and will power but the passing youth and precious time can't be replaced by any court orders.

Just think over it.



A sufferer..

thirumala1 (yyyyyyyyyyyyyyyyyy)     09 August 2013

hello sufferer

the reason behind of my fighting is "my hand is half burnt and face is burnt to some extent " i dont want to leave that guy he should be punished if i move for divorce then what about punishment one more girl get trapped.


If this was the situation done by him,then why did you get quite after this...

after this sought of heinious crime you would have dragged him in JC. what action so far you have taken on this?

Do you have MLC for your burnt and all?

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