Legal Question in Family Law in India
The husband has filed a divorce application on grounds of cruelty. Wife has opposed this. husband wants to withdraw the application. Wife wants that it should be dismissed on merits and not dismissed as withdrawn. Pl. advise
Asked on 7/02/10, 9:18 am
2 Answers from Attorneys
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
The wife may file a counter-case putting forth her point of view for decsion on merits.
Answered on 7/04/10, 9:47 am
I am not agree with Mr. Sudershan. The petition filed by the husband caan nonly be withdrawn if he want to withdraw. Wife can not force neither the court nor husband to decide the same on merit. It is his discretion to get it dismissed as withdrawan, If wife want to decide the point on merits , she can file separte divorce petitio wherein citing the contents of husband's petition.
Anurag
09891406115, Delhi
Answered on 7/05/10, 11:19 pm
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