Filed a case of divorce what is the procedure to take it back
21-Aug-2023 (In Divorce Law)
I have filed a case through lawyer in a family court for divorce 15 to 20 days ago. Now i dont want to do continue the case . What should i do now if i dont want divorce. And unfiled it before first hearing. Half of the payment a huge amount of money has paid to lawyer through online transfer will they refund it. Please sir/madam help me please Thanks .
You can withdraw the petition. Either you can wait till first hearing date to withdraw it or you can file an application to take the matter on board on any date before hearing and then file a withdraw application.
As for refund of your fees, that'll depend upon how the advocate reacts to your change of mind .
As for refund of your fees, that'll depend upon how the advocate reacts to your change of mind .
This is my response to you:
1. You can approach the court and withdraw the case;
2. If it is MCD then your spouse is required to be present;
3. If it is contested, the court may still want the couple to be present in court at the time of withdrawal;
4. Your lawyer will return you the fees partly, since a lot of energy and time goes in preparing and filing of the petition;
5. Therefore be sure of the decision you wish to take.
1. You can approach the court and withdraw the case;
2. If it is MCD then your spouse is required to be present;
3. If it is contested, the court may still want the couple to be present in court at the time of withdrawal;
4. Your lawyer will return you the fees partly, since a lot of energy and time goes in preparing and filing of the petition;
5. Therefore be sure of the decision you wish to take.
If you are petitioner you can withdraw any time.Take ID proof along with application to withdraw petition.Question of refund Fees depending upon your previous oral agreement/ talks..Take advice of Any other Lawyer...
Dear Querist, as per your query you have mentioned that you want to take back your divorce petition, for the same you have to mention before the Hon'ble Court regarding the same that you wish to withdraw your petition and the Court may consider the same. And the question regarding your fees is that you have to request for the same to your lawyer.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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