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withdrawal of contested divorce petition if court not proceeding


13-Nov-2023 (In Family Law)
Can I withdraw my contested divorce case filed in 2017?nSince February 2020, the Fast Track Court in West Bengal, has not made any progress and wife does not agree for divorce.My wife has a Cyber crime case investigated and certified by Cyber Police, Lalbazaar, Kolkata. In Alipore police court there is an ongoing case where she is out on bail.Also there are police verified evidence of defamatory actions and filthy slang, including nude videos posted in Facebook and WhatsApp messages by my wife. She did all these to defame me and my family. She is demanding 50 lakh rupees to settle matters.Marriage was for 8 months and there are not children out of marriage and wife is 1st class BTech engineer but not working.With no progress by Court for last 2 years, 9 months and my wife's criminal records, can I request the magistrate to withdraw my petition?nWith police court case against my wife and injunction in place, can my wife trouble me in future?nWhat are the consequences?
Answers (2)


LawRato

Answer #1
814 votes
dear client as per your query since your is contested divorce case what at what stage is it say in details so that I can help you in and also no need to provide her the amount she is asking to you the court will decide if she files maintenance case then how much amount to provide her for maintenance but as per your sayings she is well educated so less chance of getting maintenance you can consult me online by paying online consultancy fees..
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Advocate Priyanka Singh

Adv. Priyanka Singh

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Answer #2
883 votes
since you are the owner of your case therefore there is no impediment in you withdrawing the case but what is important to remember is if you withdraw the case without seeking leave from the court of allowing you to file again then you would be precluded from seeking similar relief in future which can be very risk laden. regards, Tanmoy Chattopadhyay, M.Sc (Net), LL.B (Delhi), Advocate, High Court, Calcutta.
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Advocate Tanmoy Chattopadhyay

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