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Withdrawal of criminal case before divorce petition.
01-Sep-2023 (In Divorce Law)
my sister's husband is in aboard and not responding to us. So we proceed on criminal case against him.Finally we decided for divorce on mutual agreement basis.And we are asking to submit our ornaments(worth of 10Lakhs) But her inlaws are forcing to sign her on withdraw of criminal case before applying for divorce petition. And they are saying they give money only after divorce petition signed. And my family worry is that what is they wont attend for divorce petition. please suggest, can we reopen the case if they wont turnup.please suggest ]
Hi
It is not advisable to withdraw the criminal petition till such time the decree of mutual consent divorce is issued.
it is taking more than 6 months for grant of mutual consent decree and in some cases, the judges are also insisting that both the parties are present on the date of pronouncement of do judgment. Hence do not withdraw the mutual consent petition.
You can file a divorce petition now which can be subsequently amended to mutual consent
so no worries.
It is not advisable to withdraw the criminal petition till such time the decree of mutual consent divorce is issued.
it is taking more than 6 months for grant of mutual consent decree and in some cases, the judges are also insisting that both the parties are present on the date of pronouncement of do judgment. Hence do not withdraw the mutual consent petition.
You can file a divorce petition now which can be subsequently amended to mutual consent
so no worries.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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