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How to withdraw IA petition for waiver of cooling period?
06-Jul-2023 (In Divorce Law)
Sir, nMCD petition filed along with sub petition for waiver of 6 months cooling period. But court is causing too much delay on hearing IA petition ( cooling off period). Even after 7 months hearing is going on that that sub petition only. Please note that both parties have genuinely sorted out terms and conditions and appeared before mediation cell and jointly conveyed our decision to seperate. But so many hearing passed and no decision is taken on IA petition and hence main petition is also pending. Is it possible to withdraw IA petition ( cooling off period) midway ? Many times our lawyers pleaded before the court to close the petition as soon as possible. But it has reached to a point where the IA petition is of no point now as already 7 months passed after filing of petition
Dear sir,
Your lawyer can file a memo informing the court that youvare not pressing IA number 1 in respect of cooling period. Then the court will consider your mutual divorce petition. Otherwise you may approach register of the High Court and file a representation for the delay being caused.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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when the cooling period is over, the said application becomes infructuous and hence there is nothing to do, just the court had to mention that already 6 months have passed hence the application has become infructuous and pass the orders if the mediation centre has send the report to the court. I think the mediation report has not been forwarded to the court, Court is not likely to delay unnecessarily. just verify and submit.
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Adv. Bharat Narasgouda
Belgaum | 25+ Answers
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