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Author Topic: Restoration of dismissed case  (Read 264 times)

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Offline babitha

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Restoration of dismissed case
« on: June 21, 2016, 01:10:56 AM »
Hi,
        Is it possible to restore a dismissed mutual divorce petition by one sided consent withdrawal? If so within how many days of dismissal?
        Will there be another waiting period of 6 months ?
                                                                                        Thanks

Offline advjaibansal

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Re: Restoration of dismissed case
« Reply #1 on: June 29, 2016, 02:55:38 AM »
Dear Sir,

Its not possible to restore a mutual consent divorce when the same is withdrawn by one party. Normal dismissal for non prosecution of the case is done within 30 days and after 30 days with condonation of delay application with justified reasons.

First get the restoration done, if its possible then i don't think there will be waiting period. If the dismissed petition is first motion then you have to wait for six months again for filing the second motion after completion of first motion.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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