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Legal service India => Divorce Laws => Topic started by: babitha on June 21, 2016, 01:10:56 AM

Title: Restoration of dismissed case
Post by: babitha 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
Title: Re: Restoration of dismissed case
Post by: advjaibansal 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Its not possible to restore a mutual consent divorce when the same is withdrawn by one party.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,