Effect of withdrawl of divorce case on maintenance
NJ
(Querist) 12 July 2013
This query is : Resolved
Namaste,
I filed a divorce case in Sessions court in May last year. My wife has moved an application u/s 24 HMA. The court is yet to take a decision regarding interim maintenance. I want to know what happens if I withdraw the divorce petition, before the next hearing.
1. Can the judge, at his discretion award maintenance regardless?
2. Can my wife go to higher court if I withdraw the petition?
Thanks for your informed opinion.
Adv Archana Deshmukh
(Expert) 13 July 2013
1. NO
2. NO. If she wants divorce, she can file for it even after your withdrawal. The courts are glad to see withdrawal of divorce petitions.
NJ
(Querist) 13 July 2013
Thanks Archanaji.
Raj Kumar Makkad
(Expert) 14 July 2013
No is the only answer to your query with one addition that you cannot file against the divorce petition on the same ground in future in such circumstances and your wife can definitely file for the recovery of arrears of section 24 HMA till the withdrawal of your petition..
