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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


 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.

Dr. J C Vashista (Advocate and Legal Consultant)     02 October 2023

Application for withdrawl of the suit can be filed any day by your lawyer or directly.

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