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Can A Fresh Case Be Filed Before Withdrawal Of The Previous One?


06-Jun-2023 (In Divorce Law)
Actually my first hearing of mutual divorce is done and I hv also signed the petition for the second hearing but I hv changed my mind to divorce and asked my lawyer not to file the second petition. Can my husband file for contested divorce before withdrawal of the mutual divorce?
Answers (2)

Answer #1
850 votes
your husband can file for contested divorce. though you have given consent and statement during first motion and signed second motion petition, still you can decide and change your mind and go for seeking maintenance and other terms of settlement.
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Answer #2
871 votes
Hi,

He can file an application u/s 151 Cpc for calling you if the cooling off period is over and you have not filled the second motion petition and at that time your statement will be recorded .

Thanks
Advocate Ramit Sehrawat
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