U/s 24 of hindu marriage act

shekar hkes (Querist) 10 June 2012 This query is : Resolved
Dear experts plz help me on this matter, my query is i had filed divorce case on 27-june-2011, after that my wife filled U/s 24 of the hindu marriage Act for maintenance . now the status of the case is for order . But i had filled an withdrawal memo for divorce case , my Query is that the judge have no power to accept the withdrawal memo at this stage (any ruling for this type case)

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Devajyoti Barman (Expert) 10 June 2012
Withdrawal of divorce suit would not make an end to alimony proceeding.
It is too late.
It is judicially well set principle and citation is required though there is many.

ajay sethi (Expert) 10 June 2012
your wife application of maintenance is placed for orders . court will pass orders on her application for mainteance.

your application for withdrawl of divorce case will not affect her mainteance application

M/s. Y-not legal services (Expert) 10 June 2012
divorce petition can be withdrawn at any time before judgement..

but your withdrawal nothing can change with your wife's maintenance petition..

-tom-

Advocate M.Bhadra (Expert) 10 June 2012
Once you have filed a Divorce suit and subsequently your wife filed a petition for alimony then Court may passed an order of alimony/maintenance.Withdrawal of suit would not effect for passing an order.

Shonee Kapoor (Expert) 20 June 2012
I disagree, the case can be withdrawn, while S 24 can be kept alive and on decision, the maintenance would be payable till the date of pendency of the suit.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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