Regarding consequences of withdrawal of divorce petition from family court Regarding consequences of withdrawal of divorce petition from family court

2 years ago

Petitioner husband has filed divorce petition against wife in July 2020 in the family court because of cruelty by wife. Wife is residing separately from husband from March 2020.
Now the husband wants to withdraw divorce petition in the interest of 2 kids to not spoil their future. On the other hand, wife filed custody of 02 children petition in family court in June 2020. Currently , both kids are with wife. Wife also filed Domestic violence case on false grounds against husband in June 2020.
Therefore, please advise what legal & monetary consequences husband will face if he now files withdrawal of divorce petition in
Family court. Please explain in detail

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
If husband withdraws his divorce petition it amounts to willing to accept both his wife and children or years to bear the expenses of wife and children. The wife and children may enter the wife of husband and stay there forcibly.

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Anik

Responded 2 years ago

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A.Dear Client,
there are consequences if you withdraw the petition after the proceedings have commenced for a long time. As the time of the court is wasted, they may ask you to bear the costs or may not and this is completely subjective to the judge who hears your case. Usually, the costs go beyond R. 20,000.
Thank you
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.For Restitution of conjugal Rights, the husband can file another Matrimonial Suit under Section 9 of the Hindu Marriage act, 1955, as amended up to date and it is necessary on the part of the Petitioner husband to file petition in the Divorce Suit for withdrawal of Divorce petition.
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