1) you are at liberty to with draw your divorce petition

2) you can file it later after staying separate for few years from spouse

3) marriage does not become void merely because you are staying separate from spouse

4) after 2 years of desertion spouse can file for divorce on grounds of desertion

Hello,

Withdraw the same with the liberty to file a fresh petition.

Also, there is no time limit for declaring the marriage as void. However, after two years of separation divorce can be filed on the ground of dissertion.

Regards

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. On the other hand, if spouse is residing separately for more than 2 years without any sufficient cause then also it is one of the strong ground for divorce.

Dear Client,

Withdrawal with the liberty of court to file fresh petition , can be filed any time. Otherwise, new divorce petition on fresh grounds.

Without court order, marriage do not assume void except conditions given in sec 5 (i),(iv),(v) Of Hindu Marriage Act.

2 years of continuous separation valid ground for divorce.

1) you can file for divorce in Mumbai if you are resident of Mumbai

2) husband can seek custody of daughter but generally courts award custody of child to mother only

3) you can seek maintenance from husband for your self and child

4) you can seek restraint order against husband from contacting you in any manner

U cant file petition acc,. to your choice of place, Jurisdiction issue.

Custody of child rest with mother only. don`t worry.

If he comes, file FIR. cal police.

Hiii

1. Definitely yes you can withdraw with liberty to File again.

2. Yes You can file you wherever you reside but with address proof on record like aadhar card and ration card is must. ... Or if you are working the employee letter head and I'd card as supporting document for add proof.

3. As case has to filed under the jurisdiction of your locality area where u reside , or place where you got married. Or at the place where you have your matrimonial house.

4. Two years separation under sec 13 and one year separation for mutual consent.

5.For the custody you can go head and file too

More girls custody goes to mother not a father. But in some circumstances if mother is proven in court not capable enough to take care or characterless then depends completely on the records and discretion of the court judge.

Regards

hello,

one can withdraw a petition of divorce and can reapply later if and when conditions so arise. there is no bar on again filing for divorce. marriage cannot be void it has to be declared by the court to be void. you can show desertion on the part of the spouse. yes, you can file for divorce in Mumbai. if you do not file for divorce, then legally you are married and your spouse has as much right as you as regards your child.

if you don't want to live with him anymore then file for divorce and a separate application for the custody of your daughter.

for harassment, you should contact your local police and I'm sure they'll help you in this matter.

regards

You may file an injunction suit so that he does not come and harass you.

Divorce can be filed either at the place where you two last resided together or at the place where defendant is residing.

Ground as told by you in no ground to claim custody.

Regards

Yes you can withdraw the same with liberty to file at appropriate times

This is my response to you:

1. Do not withdraw the divorce petition;

2. He can file for custodial rights and/or visitation rights;

3. Therefore be sure with yourself and continue with the divorce case;

4. If you withdraw this and file another, the judge might ask you the reason for withdrawing the earlier one;

5. It is better you continue with the case and ask for interim maintenance etc.

Yes you can withdraw the divorce petition with a liberty to file a fresh petition.

See marriage is not void after separation, separation can be a ground of divorce only,

Separation period can be shown using circumstantial evidences that day spouse left the house , or both parties can agree to this or living in different places and no conjugal relation.

Mam you can file in Bombay if he resides in Bombay or marriage took place or you both last together resided in Bombay further the custody of the child below five years is with mother only also the custody is decided based on the welfare of child in case child is with from long time the court wont withdraw from habitual environment.

Further in case he harasses you can file a criminal complaint of domestic violence and can seek protection order residence and maintenance.

Please be clear of your query.

Yes. You can withdraw the petition by taking the permission of the court that you can file fresh petition in future, then you can file it again in future if need arises.

Staying separately does not make the marriage void but it is a ground for divorce under the Hindu Marriage Act under section 13 and statutory period of two years must have run out before a petition for contested divorce on Grounds of desertion is presented.

You can file a petition for grant of a decree of divorce in Mumbai, as you're residing there on Grounds of desertion as the statutory period of 2 years has already elapsed.

According to section 6 of Hindu minority and guardianship act, mother is the natural guardian of child up to the age of 5 years thereafter father will be the natural guardian. Generally, court gives order of custody of child below the age of 5 years to mother.

- Yes you can withdraw the case filed by you after seeking liberty to file again from Court and file it again.

- Separation does not make the marriage void .

- There is no concrete proof as such per se for separation until and unless you took a place on PG/ leave and licence. Then you can produce the Agreements as documentary evidence. If not and you stay with your parents, they can appear as your witness and corroborate your story. Generally, it is not the period of separation which is contested but the factum of separation.

- Yes you can withdraw from Hyderabad and file in Mumbai.

- Desertion is not only about living separately but about wilful and intentional desertion. You can also file on the ground of cruelty.

- Yes, he can put a case for custody at any point of time, even when your case for Divorce is pending.

- Since your reasons for withdrawing the case are not clear, no concrete solution can be provided. Generally speaking, you can file NCs, a Petition for Injunction etc.

1. The petition can be withdrawn at anytime before the final arguments are heard by the court.

2. After the withdrawal of the petition a fresh petition can be filed only if there is a fresh cause of action as the previous cause of action lapses with the withdrawal of the petition.

The separation period cannot be a reason to declare the marriage as void.

You can apply for divorce on the grounds of desertion if either spouse deserted the other and it is more than two years after desertion.

Divorce case withdrawn now can be reapplied at a later stage also.

You can file a divorce case in Mumbai also if that is your current residence.

Desertion for a period of more than two years can also be a ground for divorce.

For child custody, you dont give the child, let him fight through court, let the child be with you in your possession at Mumbai itself.

You can challenge his child custody case also properly.