Withdraw divorce petition and refiling

Question

Withdraw divorce petition and refiling

11-Jul-2023 (In Divorce Law)

HinMy wife had an extramarital affair and I had filed for divorce in hurry on grounds of cruelty+ adultery. Currently the summons are issued but not yet served so wife is not aware of itnnQuestion - Can I now withdraw the petition as I want to discuss it outside the court through family talks and in case talk fails can I refile it using same grounds of adultery + cruelty and pleadings later on few months down the line ?nnMy first date of hearing is in Sept & currently judge court nbr is assigned

Answers (2)

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Advocate Nilesh Dilip Bora LawRato · Accepted Answer · 2023-07-11T20:55:20+05:30

Answer #1

as you have filed for adultery and cruelty after that there will be counselling for you both and separately. in counselling you have to discuss and settle down matter. in counselling ask for sometime if it is successfully that that you have solve your issues in counselling and and after that if still issue has been not been solved you can carry forward your matter.

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Advocate Juhi Qureshi LawRato · Accepted Answer · 2023-07-18T12:07:16+05:30

Answer #2

if you withdraw the petition you won't be able to file another petition afterwards therefore you have to seek permission of the court to withdraw This petition with Liberty to file afterwards. even without withdrawing this petition, once your wife appears before the court will you will be sent for counselling and then you can resolve the matter accordingly.

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