Procedure to withdraw a petition for divorce in India.

It is stated that breaking up is hard, but it's not tough to undo. If you've filed for divorce and, after that, you and your partner wished to reconcile, then withdrawing a divorce petition is a piece of cake. You must apply to dismiss the divorce petition, and the court will endow it. However, things get problematic if you and your partner aren't on the same page.

You and your spouse need to be on the same page and should sign a motion to dismiss the divorce and a notice of release without prejudice and file the papers with the court. This article will give you an idea about how one can withdraw divorce petitions in India.

Listed below are some ways when one can withdraw the divorce petition in India

When you and your partner want to Stay Married.

Either you or your spouse has filed the petition, and both want to stay together when it is pending. It's a deal. No one is going to push you to have a divorce just because you have filed for divorce. Okay, so now the question is How to withdraw the divorce petition? First, you must go to the court clerk of court about the form you require to file in your jurisdiction.

While many states call the form a dismissal or motion to dismiss, there are other variations on this theme. Once you have received the form from the court clerk, check out if it is the right one or not. You must fill out the document, sign it yourself and your spouse, and then file it with the court. We'll discuss it more in-depth.

When you have filed for a petition, and now want to dismiss.

If you have provoked to file the divorce petition, you can withdraw it without your spouse's agreement. You must ask the court clerk if your partner has filed any answer or not. If not, you can file the document to dismiss the petition yourself. The court will grant your dismissal automatically.

But if your partner has responded to the petition and filed a counterclaim, you cannot withdraw the petition without their agreement. The court can allow you to dismiss if they have filed an answer without a counterclaim.

When your spouse has filed, and you want to withdraw it.

An individual sole can instigate divorce proceedings. If your partner has filed for divorce, you can reply to the complaint and even file a counterclaim, but you don't have the right to withdraw the divorce petition. 

But, if you find errors in the divorce filing, you may be able to get the court to dismiss. 

At what point can an individual withdraw from the divorce proceeding in India?

One's ability to stop divorce proceedings depends on their 'party status' during the divorce proceedings. The one who gave the petition for divorce is the petitioner, and the one responding to the petition is the respondent.

There are certain advantages to being the petitioner in divorce proceedings. Like you can handle when applications are filed at court and pursue a costs charge against the respondent, which, if given, would direct the respondent to pay the price of divorce. Which party you are in the divorce proceedings can also impact your ability to halt the proceedings if you have had a change of heart for whatever reason. According to the new legislation 2021, the procedure for getting a divorce by releasing the need to make allegations of conduct or adultery.

The process depends on your position if you are going through a divorce and want to end the proceedings. 

If you are the petitioner and have filed your divorce petition at court, but it has not yet been served, you can write to the court confirming that you wish to withdraw the petition for the divorce. You must then hope that you are on time and that the court will process your request to cancel the proceedings before the respondent is served with the divorce petition. If the court action your request before the divorce petition is served upon the respondent, the divorce petition will not be served upon the respondent, and the divorce proceedings will not be issued. If you both wish to withdraw the petition, but the respondent has already completed the divorce petition, do any of the following:

• Aspire that your divorce petition is withdrawn and the divorce proceedings are dismissed.
• Do nothing if it has its risks.

About the first option, you have to connect with the respondent to see if they agree to the petition being withdrawn and the proceedings being dismissed. If they decide to request, you can file an application in court with their consent to start the petition.

If the respondent is unsuitable for the divorce proceedings being dismissed, you must file an application at court pursuing that the divorce proceedings be dismissed. As it would be filed competently, you need to provide the respondent with a copy of your application. The court will state whether to grant your application or schedule a hearing to listen to both sides.

The other option is to do nothing. Yet, if the divorce proceedings are merely left as they are, it is likely to complicate matters further down the line if one spouse wishes to obtain a divorce.

If you are the respondent within the proceedings, the petitioner is suitable to dismiss the divorce proceedings. In that case, you can also seek to file an application at court seeking to dismiss the divorce proceedings as detailed above.

The process to withdraw a divorce petition.

Divorce is a method that can be just as life-changing as marriage itself. Rest assured, reconciliation is likely if you and your spouse have begun divorce proceedings and wish to reconcile. For social and family stability, the law promotes marriage and deters divorce. Thus, there are processes to withdraw divorce proceedings until the judge signs the divorce decree.

The process of withdrawing the divorce petition Unilaterally.

Detect if an answer or counterclaim has been filed. As we discussed above that the partner who initiates the divorce is the petitioner and the other one is the respondent. Suppose you and your partner reconcile before filing any documents by the respondent in reply to the divorce petition. Then, in that case, the petitioner can withdraw the petition of divorce by themselves. If you hired a lawyer while having a divorce, contact your attorney to find out if an answer or counterclaim has been filed. If you filed divorce papers, you should have received the answer or counterclaim in the mail.

Determine the court clerk for processing your case. Determine the court clerk taking your case that you haven't answered or filed a counterclaim. After that, the family court will initially give a clerk to your case. Your lawyer should know if you used a lawyer to file. After that, you can contact the clerk to complete suitable paperwork for withdrawing your divorce petition.

Complete the appropriate paperwork. Once the court clerk gives you a form, please fill it out, or let your lawyer fill it out. These forms are usually two or three pages and are easy to fill out.

• While filling out the form, ensure following all the instructions. Most of the time, it took time to complete the legal process as the people have missed out on something, haven't followed the instructions, or haven't done the signature where required. After filling out the form, ensure checking it out. If you have hired a lawyer, let them proofread it for you.
• Usually, no fees are linked with withdrawing a divorce petition in the initial stage. However, you'll likely lose any filing fees you paid while having a divorce. And recall, you don't owe the court any reason for withdrawing your case.

Serve your spouse. Once the process of withdrawing the petition is completed, you must serve your partner with a copy of the petition to withdraw. The court clerk will notify you if this is required and what favours are permitted in your jurisdiction. It is not always necessary to prove to the court that your partner was given service of process. Still, it's always practical to keep verifying that you did anyhow. So, if the court loses your paperwork, you will still have proof of your withdrawal.

The process to withdraw the divorce petition mutually.

Ensure that both of you want to withdraw the divorce petition. First, you should ensure that reconciliation is the best choice for you, your partner, and your family. Similarly, as there are costs linked with filing a divorce, there are costs that are linked while stopping the process, such as the court fees or the lawyer's fees, if your partner has already filed an answer or counterclaim. 

Then don't waste your partner's time and money. Instead, sit and talk with them honestly and openly, and ensure that both of you are determined to keep your marriage intact.

File an action to dismiss. Since both of you have already stated that you want to divorce, the court must confirm that both partners want to reconcile. Thus, when the action is completed, you must sign it. In most jurisdictions, the action is filed in the presence of the court clerk, and the judge will grant it, but only if both of you have signed. If only the petitioner has signed, schedule a hearing to estimate its values.

File an order for dismissal. In some jurisdictions, you must file a demand for discharge and release action. The order indicates that the action has been given or the date is set for the hearing.

Once the hearing is scheduled, both of you are required to be present. If the respondent is present but does not object to the dismissal, or the respondent doesn't attend the hearing, then the judge will usually grant the release. But the petitioner will usually need to be present. The court will then help your partner with the notice that your divorce petition has been withdrawn. They can furthermore provide you with a copy of that withdrawal.

Dismiss the counterclaim. A counterclaim would be the most familiar if a divorce was filed for a reason, like abandonment or adultery, as objected to a divorce undertaken without regard to a fault. If the counterclaim is present, that will resume being a "live" suit, no matter if the petitioner withdraws the original case. The counterclaim must also be ignored for withdrawing the divorce petition. The process for rejecting a counterclaim is the same as that of dismissing the petitioner's original claim.

Close the case if you and your partner withdraw your divorce petition but have hired a lawyer to drive your divorce. Ensure each of you contacts the attorneys to close your case. It will evade the time spent on your case.

Tips

• When you and your partner choose to cut off your divorce and stay married, you will probably be looking for a new start. You can take marriage or relationship counselling. Feel about using available resources such as counselling to make your marriage stronger.
• You can consult a lawyer, even if you did not use one when filing for a divorce. Family court rules differ in each condition. It is a fine idea to talk to a lawyer with experience in divorce and family law if your divorce proceedings are in the way and you would like to stop them.

Conclusion

We hope this article gives you a lot of clarity about withdrawing from the divorce petition. Choosing a mutual consent divorce avoids disputes and saves considerable money and time. It is one of the best-provided cases regarding the increasing number of divorce cases. It is a comfortable and easy divorce process, too. Even during the six months, any one of you can withdraw a divorce petition by raising an application to the court stating that you do not like to get a divorce. 

If you are seeking legal advice to withdraw a divorce petition, we recommend that you seek assistance from a divorce law expert. You can call us today for further guidance.

FAQ

What is the point where the divorce proceedings reach the point of no return?

One can submit an application desiring to withdraw the divorce petition at any point in the proceedings until the court has pronounced a Decree Absolute.

Once the Decree Absolute is enunciated, the marriage is said to be lawfully dissolved. Having a Decree Absolute set aside once it has been pronounced is hard.

When a Divorce Becomes Final?

The divorce is said to be legal and final when the decree is signed. Only then is the marriage legally terminated. Mainly, you obtain the order soon after it's signed. It's first sent to your lawyer, and then your lawyer shares it with you.

Can Divorce Decrees be Undone?

There are certain circumstances where a final divorce can be rebounded, but this relies on the specifics.

In most cases, the final divorce decree is said to be conclusive. Generally, one among the partner or both want the divorce to remain final, so it wouldn't be fine if the divorce could readily be untied.

Yet, there are a few causes why someone might want to switch the final judgment.

About The Author: 

Adv. Sumit Soni is a first generation lawyer renowned for his stellar success rate in over 200 cases, achieving above 90% favorable outcomes. Passionate about his work, he prioritizes quality over quantity, ensuring ample personalized attention for each client. He likes to practice artistically, wherein he believes in providing custom and tailored service to the clients, which takes creativity along with intellect. Specializing in criminal, civil, and matrimonial matters, he primarily practices at the Supreme Court. He also practices in the High Court and all District Courts in Delhi. He is also a member of the Supreme Court Bar Association.
Beyond law, Sumit is a BJP spokesperson and President of the International Human Rights Council, Delhi State Board, embodying his commitment to justice and societal change. With his blend of legal expertise and advocacy, he stands as a beacon of excellence in the legal fraternity.