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Restore 13a after 13b failed , do i need to file a fresh case ........


20-Jan-2023 (In Divorce Law)
I filed 13b case last year and it failed at second motion due to demands . i closed 13a case as per the agreement of 13b (MOU) , since 13b has failed i want to know if i can reopen the 13a case as it was already at the last stages when i withdraw. do i need to file a fresh case and waste years of progress. or is there any other way . npl. advise.
Answers (3)

Answer #1
860 votes
Dear Client i would like to watch your petition whatever filed before court then I can explain properly as well as new petition whatever filed via mutual consent for more clarification you may contact us then I'll explain properly about your case. ADV ANURAG BHATT ALLAHABAD HIGH COURT.
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Answer #2
599 votes
if anyone withdrawal a case in the court with his free consent then there is no provision about the reopen of the such case so you can never reopen that case at the time of withdrawal you give your free consent to court in your affidavit . if you want to divorce then you have another options for details you can contact me
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Answer #3
603 votes
before giving you proper advice or suggestions i need to see the orders passed in both the cases. If you withdrawn your case there are rare chances to recall at same status because withdrawal mean case come to an end. There are some other ways by which you can get your desired results soon.
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Comments by Users

Shashant
If wife denied in 2 motion of 13 B and we have made the Payment thru Bank draft the how can I recover money from Wife Just because she denied second motion or No attended 2 motion of 13 B?

Reply by LawRato
Mutual consent divorce also requires the parties to make a settlement agreement, which is a legally binding contract that aims to resolve all the disputes among the parties, such as maintenance, alimony, child custody, property rights, etc. A settlement agreement is made in advance and approved by the court before granting the divorce decree. A settlement agreement helps the parties to be content with the outcome they have chosen and avoid future conflicts.

If one of the parties breaches or violates the settlement agreement, then the other party can take legal action against them. For example, if the wife denies or does not attend the second motion of mutual consent divorce after taking money from the husband under the settlement agreement, then the husband can file a complaint before the court and seek enforcement of the agreement. The court may direct the wife to return the money or pay interest or penalty for breach of contract.

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