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Withdrawing pending cases after divorce decree


29-Sep-2025 (In Divorce Law)
Can a mutual divorce be filed with a condition that all pending cases (section 12 filed by husband and section 9, 125 crpc and dowry case filed by wife there after ) will be withdrawn 15 days after divorce decree and not at the time of filing the mutual divorce?
Answers (2)

Answer #1
605 votes
Dear Madam, The Court may not accept such a condition that you will withdraw all the pending cases filed by you after 15 days from the date of grant of Divorce Decree. Everything must be closed before granting Divorce Decree. There will be two stages in mutual divorce. During the first stage you have to file the Mutual Divorce case then before the second stage comes you have to withdraw all  the pending cases and produce the certified copies of the same so that you will get Mutual Divorce Decree passed by the Court.
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Advocate Kishan Dutt Kalaskar

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Answer #2
956 votes
yes it can be filed with such conditions but it is better that the cases be withdrawn when the case is posted for Judgment, further dowry case is presume it is 498 A filed in which either the Evidence has to take place and then a judgement will be pronounced or a quashing petition has to be filed in high court. further if any amount towards permanent alimony or maintenance is agreed it has to be paid as mentioned in the petition.
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Advocate Bharat Narasgouda

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