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How much time gap required to re-file a divorce case


09-May-2023 (In Divorce Law)

How much time gap is required if a divorce case is to be refilled? I had filled it in 2014 but withdrew the case in April 2016, I want to refile the divorce case. Is there a waiting period to refile the divorce case? I am a Hindu.

Answers (4)

Answer #1
583 votes
You need to get the copy of order passed on your withdrawal , then the real advice could be given , yes there is limitation time , and you need to consult for it to take care about it , then only it can be sorted out and better advice can be given .
Answer #2
912 votes
Hi
You should not have withdrawn your case in the first place as courts avoid multiplicity of proceedings, i dont know for what reasons u have withdrawn it, at the time of withdrawing u shud have sought liberty to file a fresh case on the same cause of action, if the same is obtained u can file it at any time.
Pratap, Advocate
Answer #3
554 votes
first you must give full information regarding withdrawal of your petition. whether you have sought for relief reopen or restoration of the said petition. or are you have sought liberty to do the same
Answer #4
520 votes
How much time gap is required if a divorce case is to be refilled? I had filled it in 2014 but withdrew the case in April 2016, I want to refile the divorce case. Is there a waiting period to refile the divorce case? I am a Hindu.

ANS:
no such limitation at all, but that also depends on what grounds the earlier petition was withdrawn.

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