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Repeated Divorce Case Filing & Withdrawal
11-Oct-2025 (In Divorce Law)
Is there any limitation to how many times a spouse can file and withdraw divorce case? My wife (now-ex) & I have been living separately for 10 years, and she has filed and withdrawn divorce case twice. No reconciliation possible from both side. Is there any limitation to filing and withdrawing case? If I file it this time, do I have a stronger case given the past history?
There is no set limit under the Hindu Marriage Act, Special Marriage Act, or Divorce Act to how many times divorce petitions can be filed or withdrawn, provided the withdrawals are not mala fide and are due to genuine attempts at reconciliation. However, the court can intervene if it suspects that repeated filings and withdrawals are being used for harassment or manipulation. Past history of filings and withdrawals, coupled with long separation and failed reconciliation, generally supports a stronger case for divorce in Indian courts. 8/3/7/7/0/5/1/6/7/5
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Adv. Paras Mahalwal
Adv. Paras Mahalwal
Delhi | 50+ Answers
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Law doesn’t provide anything on this as to how many times divorce can be filed but if it is filed on the same ground and has been withdrawn every time, this conduct is against the public policy which must be discouraged by the court of law.
However, if you want to file divorce and put this fact it will give your case an edge.
The above advice provided is general and varies with fact to fact. For precise advice there is a need to go through your facts and documents.
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Adv. Harshit R Gupta
Adv. Harshit R Gupta
Delhi | 25+ Answers
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There is no statutory limitation on the number of times a spouse can file and withdraw a divorce petition under the Hindu Marriage Act. However, repeated filing and withdrawal of divorce cases without pursuing them to conclusion may be viewed by the court as an abuse of the judicial process and a reflection of lack of bona fides on the part of the petitioner.
In the present case, since both parties have been living separately for around ten years, and the wife has already filed and withdrawn two divorce petitions, it clearly indicates that the marriage has irretrievably broken down with no possibility of reconciliation. Such prolonged separation, coupled with her repeated institution and withdrawal of proceedings, can be considered as mental cruelty within the meaning of Section 13(1)(ia) of the Hindu Marriage Act, and also establishes desertion under Section 13(1)(ib).
Therefore, if the husband now files a divorce petition, he would have a stronger case on the grounds of cruelty, desertion, and irretrievable breakdown of marriage. The past conduct of the wife and the long separation period will substantially support the husband’s plea for dissolution of marriage.
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Adv. Ashwin Garg
Adv. Ashwin Garg
Delhi | 25+ Answers
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If there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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Hi, there is no specific answer to this question as it depends on the grounds she has taken in filing the divorce case and the reason of withdrawal mentioned to the court. Further, in this kind of situation the strategy other party is using should actually be studied in detail and accordingly we can advise you with further steps.
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Adv. Vishali Verma
Adv. Vishali Verma
Delhi | 25+ Answers
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