dipankar (MANAGER) 30 September 2023

Withdrawal of civil case--child custody

Yesterday was my scheduled court date.I wanted to withdraw the case.My lawyer first gave HAZIRA in court at 11 am and when the court proceedings started, he was unable to give the withdrawal petition, stating that the Judge was very busy.

My question is, whether it was necessary to give HAZIRA at 11 am and instead he could have directly given WITHDRAWL petition at 11 am.

So in that case the withdrawal would have been done.

So was it necessary to give hazira followed by WITHDRAWL petition or directly WITHDRAWL petition could have been given.

Please guide

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Quick Summary

This discussion addresses the process of withdrawing a civil case concerning child custody. The original poster's lawyer filed a 'Hazira' (attendance) but then failed to submit a withdrawal petition during the court hearing, causing confusion. Advice suggests that both Hazira and a withdrawal petition are typically necessary, and the withdrawal could have been processed. The user is advised to follow up with their advocate to ensure the petition is filed at the next hearing.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 01 October 2023

It is not known that for what reason your advocate did not file the withdrawal petition while your were called by the court at the time of hearing..

Whether you were available before the court at the time of calling you?

If so then at least you could nhave informed the court about it.

Well you can fiollow it through your advocate and instruct him to file the withdrawal petition at least in the next hearing without fail.

Pradipta Nath (Advocate) 01 October 2023

Hazira and withdrawal was necessary. Withdrawal petition would have been submitted, necessary orders would have been passed in the next date. It could have been done.