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What is the position of a divorce case where petitioner withdraws


18-Mar-2023 (In Divorce Law)
the divorce case is going on, still now we didnt file counter. he is planning to withdraw the case now ..after withdraw the case what the situation .. and how can i proceed .. Please suggest on this
Answers (1)

Answer #1
951 votes
Hi If your husband withdraws the case, that means the there is no divorce. which also means that both of you will remain husband and wife. if you still want to proceed with the divorce, then file a petition for acceptance of divorce, subject to finalisation of terms such as maintenance, child custody, property sharing, etc.
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Comments by Users

Kay
In the above scenario. For example they got reconciled with the help of elders, then does she need to hire a lawyer to withdraw a petition filed by her husband ( her husband also wants to withdraw)

Reply by LawRato
If both parties wish to withdraw and the matter is pending before a court, a formal application for withdrawal must be filed. While it is not mandatory, it is advisable to engage a lawyer to ensure the process is done correctly and the case is properly disposed of.

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