Can husband withdraw his divorce petition?

Yes you can withdraw divorce petition now and you can also filed another petition in future if required. Marriage cannot be said void on the basis of separation, it can only be nullified by the court of law, if another spouse is not known to anyone after all efforts not less than 7 years.

Can a maintenance case be withdrawn?

It would not be appropriate for you to withdraw the case at this point of time and if you stop paying maintenance, your wife will get an execution of the order and you will be forced to pay maintenance.

Can wife withdraw mutual divorce petition after first motion has passed?

Thereafter, even if your wife wants to withdraw her consent she will not be able to do so as recently the Courts have held that One party cannot withdraw consent to a divorce by mutual consent once the First Motion Order has been passed and MOU has been acted upon.

How do I withdraw my divorce court case?

1) File a withdrawal application before Court or appear before on the next date of hearing and inform the Judge of your decision. 2) You can also initiate the process of mediation which will be directed by Court and thereafter have the matter settled through that measure.

Can a mutual divorce be withdrawn?

Yes, one party to the proceeding can withdraw the petition for mutual divorce through an experienced divorce lawyer at any time within the time period of 6 months given by the Court as cooling-off period.

Can mutual divorce be challenged?

Divorce by mutual consent is final and binding and thus cannot be challenged in any Court. The decree can only be challenged if the consent to mutual divorce was obtained by force, fraud, coercion or undue influence.

How can I withdraw my CrPC 125 case?

1) Yes, a case for maintenance filed u/s 125 CrPC can be withdrawn by filing application u/s 257 CrPC at any time before a final order is passed by the Magistrate duly stating reasons for withdrawal and attaching an affidavit, 2) A Case under DV Act is a civil case and can be withdrawn anytime by the complainant.

Can mutual consent divorce be challenged?

Divorce by mutual consent is final and binding and thus cannot be challenged in any Court. The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot challenge the decision. Challenging the decree can only be on these grounds with the help of a good divorce attorney.

How long does it take to get a divorce by mutual consent in India?

Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.

Can a divorce be one sided?

If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. Also it can be a reason that you are not having any relation , communication with each other for past 1 Nd half year can be a reason for divorce .

Can divorce case be Cancelled?

There is no provision for cancellation of divorce. It is a contested divorce obtained in district court & wife has reappealed the judgement in high court, which is under process.