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A Prabhakar (Software Developer)     22 May 2017

Procedure to withdraw rcr under hma (9)

Greetings
 
In Sec9 HMA despite of giving statements to join company, she has not joined company. Receives maintenance and goes home on every single date. 
Has not filed reply in Sec 9, has not filed evidence in any of the cases. Cross in Sec 125 has happened after approx 19 months after reporting conduct in HC
 
I am sick of this bullsh*t drama of Sec 9 - she wants to join but keeps setting conditions which are not noted in the case and then my conduct is questioned.
 
Next court date is July 2, and I would like to withdraw the damn case of Sec 9 before that date.
Looking for procedural advice on how that can be done (withdrawn before next court date).
 
 
FYI:
A) Had not filed RCR to seek divorce in the future based on desertation
B) I have primary evidence regarding everything
C) Had only filed hoping that she would come to her senses and join my company
 
 
 
Brief statuses of all cases below
1) (Aug 15) CrPC 125 filed and interim awarded at 9K/month since income was 30K/m
2) (Dec 15) CRR filed by both parties
3) (Dec 15) Sec 9 filed, then transfer app filed and 125 and Sec9 both moved from respective cities to Mansa Distt Court
4) (Jul 15) Pvt Complaint 156(3) filed but no proceedings till Oct 17
5) (Oct 16) Statement given by wife to join company of husband
6) (Oct 16) Parallel to statement given, action also taken on 498 complaint in which nothing had happened for an year
7) (Nov 16) Stay on 498 proceedings granted due to no documentary proof, FIR, or any supportive evidence (no reply filed till date in HC
8) (Dec 16) CRR of husband (me) dismissed and re-instated by HC w/ specific instruction to decide on merits in 2 months (undecided)
9) (Apr 17) CRR of wife decided and maintenance increased from 9K to 15K / month specifically quoting that income is 30K/month
10) (May 17) Stay on increased maintenance given at 10K/month, notice to other party


Learning

 3 Replies

Sachin (N.A)     22 May 2017

To withdraw RCR you can file affidavit that you want to withdraw the case.

A Prabhakar (Software Developer)     22 May 2017

Originally posted by : Sachin
To withdraw RCR you can file affidavit that you want to withdraw the case.

Thanks for your reply.

Can that affidavit be filed before the next court date ?

Sachin (N.A)     22 May 2017

Originally posted by : A Prabhakar



Originally posted by : Sachin



To withdraw RCR you can file affidavit that you want to withdraw the case.





Thanks for your reply.

Can that affidavit be filed before the next court date ?

 

Yes... you can file the affidavit before next date of hearing

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