• Closure of divorce case

Hi, court case date is 30th of June, on which the petitioner (wife) is to withdraw the case. On this date is there a way the defendant not attend the court, due to lock down and interstate travel and other issues and withdraw can happen.

Is it mandatory for the defendant to attend the court during withdraw ?

Is there an alternative way without defendant attending, the case can be withdrawn successfully, please advise.
Asked 9 months ago in Family Law
Religion: Hindu

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32 Answers

You may attend thw court proceedings through video conferencing. There have been changes at the district court level too. If such a facility is not available an authority letter must be sent along with the person who may attend on your behalf.

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

It can be withdrawn by the advocate of the defendant 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Since the normal functioning of court in physical form is closed all over India, unless there is sudden wiping put of the pandemic the court would remain closed on 30th June.

2. hence there is no scope for yur wife to turn up and withdraw the case.

3. However few courts in pockets of India where the pandemic is not so widespread the court functions in normal fashion.

4. So take information form your advocate about the workings of the local court.

5. otherwise the only alternative is to wait till the court reopens. 

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

Your personal presence is necessary for withdrawal of case 

 

2) most probably due to lock down case would be adjourned

 

3) only if family court in your city is taking cases through video conferencing your virtual presence would suffice and court may permit you to with draw your case  

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

File an Adjournment Petition on that date, not essential to presence of respondent.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

During this current pandemic and lock down situation, no courts across the country is giving any adverse orders or judgments in the absence of the parties.

It is a fact that the litigants cannot travel interstate to appear before court, moreover the courts are not functioning fully, and only emergency cases are being taken up for hearing.

Hence no decision of dismissal would  be passed. 

The parties of both the sides are to be present if they are  desirous of withdrawing the case 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

No only one party attendance is necessary. 

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

Yes, it is possible.

I could understand from the facts of your case that hearing of your case before Courtof law is on 30/6/2020 which is  kept for withdrawal wherein your wife is Petitioner/ Plaintiff and you are Respondent/ Defendant. 

Definitely it is very much possible even if your wife doesn't go in normal course of hearing then Court may dismiss the case in default. 

Overall you need not to attend on 30th June 2020.No harm  during the lockdown period if you do not attend the Court hearing however your wife may withdraw the case from the court in your absence is quite possible. 

All the best .

Best regards. 

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. If petitioner is to withdraw the petition then for this to happen the defendant does not have to appear in the court.

2. Petitioner may withdraw by filing an application.

Ashish Davessar
Advocate, Jaipur
30308 Answers
881 Consultations

5.0 on 5.0

1. If applicant/petitioner is withdrawing her divorce petition presence of defendant is not required. Your wife can give an application of withdrawal.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

- For withdrawing a case , appearance of petitioners wife i.e. defendants is not mandatory . Her lawyer is authorised to withdraw the case on behalf of her . 

- However, it is expected to continue the court from 30th June. 

- Further , if there is facility of video conferencing in the said family court , then the parties can appear through the same. Hence you should contact with your lawyer . 

Mohammed Shahzad
Advocate, Delhi
6271 Answers
64 Consultations

5.0 on 5.0

Hi, the case can be withdrawn solely by the petitioner herself ,unless an appearance is made obligatory by the court in the previous order 

Hemant Chaudhary
Advocate, Gurgaon
4601 Answers
44 Consultations

4.9 on 5.0

The petitioner who filed the case can withdraw the case.  The presence of defendant not required.

Dalip Singh
Advocate, New Delhi
861 Answers
16 Consultations

5.0 on 5.0

Respondent presence dose not require. Complainant is master of case and can withdraw unilaterally.

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

it is mandatory personal presence of both parties. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

In case if the case is withdrawn by parties, yes, the presence of parties is required.

If the court is not functioning due to Lock Down, it would  be adjourned to some other date, on which date, both of you can appear in person and withdraw the case.

Yes the presence of both the parties is mandatory to withdraw the case.

If the concerned Family Court is hearing through Video Conference, then you may move an application to take up the case through VC, upon considering your application if court permits your wife to appear through VC, it will hear her and allow you to withdraw the case.

 

S Srinivasa Prasad
Advocate, Hyderabad
2866 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

If possible the appearance by way of video conferencing can be arranged. 

Ganesh Singh
Advocate, New Delhi
6605 Answers
13 Consultations

4.5 on 5.0

Dear Querist

as the courts are not working as regular court due to COVID-19, so personal presence is not mandatory but if the petitioner wants to withdraw his/her petition then she/he may file an application before the family court where the matter is pending and approach for withdrawal of his/her case. Online facility is also available in some states.

Nadeem Qureshi
Advocate, New Delhi
5912 Answers
281 Consultations

4.9 on 5.0

1. Petitioner can withdraw the case in absence of defendant.

2. It is not mandatory for defendant to appear before court if petitioner wants to withdraw the case.

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

What is the problem.  Petitioner who filed the case can withdraw the case without defendant having attended the case. Presence of defendant not required. 

Dalip Singh
Advocate, New Delhi
861 Answers
16 Consultations

5.0 on 5.0

Good luck.

Ashish Davessar
Advocate, Jaipur
30308 Answers
881 Consultations

5.0 on 5.0

Thanks for your appreciation 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

Thankyou you may further approach this platform in case of any query.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

If the petitioner withdrew the case then the same would have been dismissed on the said grounds. 

 

So you are relieved now. 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

- Since , the cases were filed by the petitioner , hence for withdrawing the cases on the grounds of sufficient reasons , defendant appearance is not necessary legally. 

- Hence, the cases were withdrawn by her without your appearance. 

Mohammed Shahzad
Advocate, Delhi
6271 Answers
64 Consultations

5.0 on 5.0

Its ok

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

For withdrawal defendant is not necessary. 

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

All the best .

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

it's ok. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

ok

Anilesh Tewari
Advocate, New Delhi
17860 Answers
320 Consultations

5.0 on 5.0

IT'S GOOD

Ganesh Singh
Advocate, New Delhi
6605 Answers
13 Consultations

4.5 on 5.0

If she has withdrawn the cases then it's ok.

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

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