You can file joint withdrawal application in pune if it's filed mutually ij court.
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Need advice on steps for mutual closure of divorce petition
Hello, I need advice on the below. Me and my ex-wife are permanent residents of US and we had got married in India as per hindu marriage act. We both were undergoing contested divorce proceedings in US and in this time frame my ex-wife represented by her parents filed for maintenance amount for children and divorce petition in pune family court. Recently we have reached an mutual divorce agreement in US court and have received divorce. Now I need advice on below - 1. How do I get the petition withdrawn/closed permanently in Pune family court? My ex-wife has agreed to comply with anything required from her side to get 100% closure. So this is a mutual closure. I need advice on detailed steps required for permanent closure of this petition with no scope for re-opening or harassments from my ex in future.
Asked 4 years ago in Family Law
Religion: Hindu
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9 Answers
Does this require getting a court date? or can this be filed immediately?
Asked 4 years ago
The divorce decree was passed by a US court, hence on that basis of certified decree copy, she may have to file an application before the court in Pune where the cases are pending stating that as the marriage between her and her spouse has been dissolved by a decree of divorce by a court in USA, she may be allowed to withdraw the said cases treating them as dismissed.
If the above reasons have mentioned in her withdrawal petition and copy of the divorce settlement papers have been filed along with her withdrawal petition, she may not have any chance to pursue the matter in future for whatever reasons.
A petition seeking to advance next hearing from that date to the date of filing this withdrawal petition to be filed so that the hearing date can be advanced to facilitate the filing the withdrawal petition
Your wife has to make application in family court for withdrawal of divorce petition and maintenance application
2) she can do it on next court date hearing of her divorce petition
She can request Family court for early date as she wants to withdraw divorce petition
- Since, the said divorce is based upon the mutual consent , then the said decree of divorce granted by the US court is valid in India.
- Further, as she has filed the maintenance petition in Pune, then the person who has applied on her behalf can withdraw the said case after moving an application before the court .
- Further , she can also inform her lawyer to withdraw the case on the ground of divorce mutually .
- This application can be moved anytime and no need to wait for date of hearing .
Dear Client,
You may file a mutual divorce petition through POA along with notorised copy of settlement.
Immediately
Your wife needs to file a petition withdrawing her action in the Pune court claiming maintenance.
