Withdrawal of divorce petition
3 years ago
I had filed divorce on grounds of cruelty in Jan 2019. DV case followed in few months. Wife abandoned rental flat so I had no address to send summons. Family court judge died due to heart attack so there was 8 months adjournment. New judge asked for transfer so in my divorce case no summons ever reached my wife. Then 9 months adjournment due to COVID so in all 2 years have passed. Now i dont want to pursue this divorce case as i dont see i would be able to get divorce any sooner to use it anyways. How do i place my withdrawal request in family court?
Adv. Sarika Khude
Responded 3 years ago
Ayantika Mondal @ Prime Legal
Responded 3 years ago
If you have filed an Application for Divorce but have changed your mind, you can withdraw your application before the divorce hearing. If you filed a Response to Divorce and you no longer want to oppose or amend any errors in the Application for Divorce, you can withdraw your response before the divorce hearing.
You have to communicate your intention to the Principal judge where your case is pending and after recording your statement or with a written application for withdrawal, the matter could be withdrawn.
if not you can seek this matter on urgent basis to the high court under a writ petition or can get an ex parte decree.
Procedure to withdraw divorce case:
1. you can file a memo in that court to withdraw the case.
2. you can also appoint your brother/relative as your power of attorney to appear in the court on behalf of you.
3. you need to appear only for the examination.
4. after withdrawing you can file a fresh case in the place wherever you are staying in case it is required in future.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
dont give up now but its your choice.
ask or approach a lawyer to get exparte divorce.
even you can get desertion divorce also.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
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