Can I withdraw divorce notice

821 votes

Greetings,
Its a great thing that the dispute between you and your husband is resolved. However it is not necessary to withdraw your notice. In case if you are emotionally asked to withdraw your notice you may do it but it should be technically addressed as to why you have withdraw your notice. I hope you understand the reason for withdrawing it technically. And notice is sent when you are willing to file complaint against your husband however now you are not taking such steps so you may avoid to withdraw it

Advocate Pankaj Kandhari LawRato

746 votes

Dear client u cannot withdraw divorce notice. If u have file divorce case then only u can withdraw the case. Effect of legal notice through lawyer remain for only 30 days. For any legal help call me

Adv Prasad patil

Pune

LawRato LawRato

954 votes

Hello!

Your action of giving a second chance to your marriage is certainly appreciable.

As I see, by your very conduct of resuming back with your husband, there is implied withdrawal of divorce notice, and there is no need for express withdrawal.

But probably for your husband's family, your action of express withdrawal, might serve as a test of your bona-fide intentions to give a second chance.

And secondly, for giving nourishment to your relationship, and strengthening bond with your husband and your in-laws, such withdrawal may even be helpful, which is what you probably desire by giving a second chance to your relationship.

See there is no prohibition in withdrawing a divorce notice. One can certainly withdraw the divorce notice.

But then till all goes well, practicality requires that one needs to be on guard. The divorce notice you gave must be containing some legal grounds which would have served as foundation for you to build your case for divorce in Family Court for seeking divorce, in case your husband would not have agreed for divorce.

So if you withdraw your divorce notice absolutely, it might give the other side a scope to argue that you gave up those grounds, (in future, in case your present attempt to give second chance doesn't work out)

To avoid that from happening in your case, it would be better that your withdrawal of divorce notice is made without prejudice. In other words, let your withdrawal be in express terms that it is being done to give a second chance to your relationship / marriage, and that it is without prejudice to your right to raise those grounds, in case the marriage doesn't work out. And also explain the reason for doing this to your husband and family honestly. And at the same time make it clear that you genuinely want to give a second chance to marriage.

Please go ahead, and wholeheartedly work out your relationship with your husband and inlaws.

Wish you all the best.

Adv. Nahush Khubalkar

Advocate Nahush Surendrakumar Khubalkar LawRato