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Withdraw of Contested Divorce and Refiling


14-Jul-2023 (In Divorce Law)
Hi My 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 it nQuestions - 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 ?nMy first date of hearing is in Sept & currently judge court nbr is assigned
Answers (1)


LawRato

Answer #1
728 votes
You can anytime withdraw the petition but if the prayer of liberty to file later is not sought then you loose the right to file the petition again. You should understand that by filing this petition you have safeguarded yourself from other unwanted cases from your wife. Even at this stage you can continue the family talks and resolve the matter without withdrawing the petition.
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