Withdrawal of case in family court

@ Author

1. You may withdraw by stating prayer "Due to technical grounds wish to withdraw present suit and I may be allowed to given liberty to file fresh" Insist / stress this prayer para to be part of Order sheet. Then law of estoppels and or res-judicta may not be a bar.


2. If you see the reconciliation may happen soon then you may file a simple withdrawal of suit application and on next date of hearing if reconciliation does not happen then you may again file a application to withdraw withdrawal of suit application. Recently Hon'ble SC has rightly interpreted CPC in which Apex Court says that there is nothing wrong in filing withdrawal of withdrawal application and allowed such application. [Do understand Judgment re. below]


Re.: RAJENDRA PRASAD GUPTA V. PRAKASH CHANDRA MISHRA & ORS. (2011) 2 SCC 705

@ ld. brother Rajoo,

We all know in our practice that lots of women put this condition before coming across negotiation / compromise table ....... "pahle case withdraw karo fir baat karungi tumse" whereas husbands wants to keep one stone for ipso facto solution to marital problems so let it be so that he withdraws with a technical snag left behind and proceed on time bound hint compromise and failing which he always has option to start from where it was left .........

Thank you sir for your advise. But I am not sure if any thing will happen soon as she is really very cunning and not even under control of her parents. I would be thankful if you can provide some reference to any judgement that I can use for citing withdrawal and resubmisson of petition if necessary at later stage. 

Sir,

You don't need any judgement for withdrawing a civil case. It is your right.

As stated by Tajobs, if you withdraw unconditionally you run the risk that it can not be presented on the same facts again. Hence a liberty to file afresh at approrpiate time is a must

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Thanks sir. I have been told by some body that there is a  section 7 rule 11 ( I am not sure what it is )  under this court can be requested to return the  plaint  on the ground of faults or jurisdiction or misadvise in filing  which is not same as withdrawing. Can any body enlighten me on the subject what are  provisions and implication.

My advise is don't withdraw your case, till the compromise is succeeded.

If there is any pressing need to withdraw, then do it with liberty to file the same again.

Best of luck.

Jayarajan

The grounds in Order 7, Rule 11 CPC is very limited:

Jurisdiction, No Cause of Action, Insufficient court fee.

However on certain grounds, the court can prescribe the time for correction of that deficiency, beyond which the plaint can not be represented.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Petition for withdrawing a suit with a permission to refile is not maintainable on the ground that a compromise is being going on between the parties and if the compromise formula doesnt work out the petitioner will refile the same. Order 23 Rule 1 and 2 provides when such petition could be entertained by Court.