Withdrawal of divorce case
Rahul Dixit
(Querist) 01 November 2012
This query is : Resolved
1. I had filed for divorce. My wife had simultaneously filed for many other fraudulent cases such as 498A , Domestic violence etc.
2. I had stopped paying maintenance to her.
3. I Withdrew my divorce case after her relatives asked me to do so and started living with her in 'MY' fathers house where she was staying, she had not vacated the premises.
4. Since I have withdrawn the divorce case what is my legal liability to pay maintenance to her ?
5. I am willing to take care of all household expenses but the kind of lady she is, I know she would want to resort to a legal method.
6. She also wants the third floor of the house which my father owns to be transferred to her name, after which she said she is ready to live peacfully and happily.
ajay sethi
(Expert) 01 November 2012
let her withdraw Dv case against you . if you are staying together and the cases are with drawn there is no need to pay maintenance . dont transfer the thrid floor of the house in her name . no guarantee that she may not again do the vanishing act . visit a marriage counsellor instead and iron out your differnces
Rahul Dixit
(Querist) 01 November 2012
1. The case is in the District court where I had been termed 'not guilty' by the judge after the charge sheet was filed and arguments were carried out, but she put it up for revision.
2. I gathered the knowledge that she cannot withdraw the case and it is only the high court that can quash the proceedings.
3. Is that true ?
Nadeem Qureshi
(Expert) 02 November 2012
Yes, quashing power have only High Court And SC
ajay sethi
(Expert) 02 November 2012
you have been acquited by the district court . let her withdraw the revision .
498 A can be quashed by high court on basis of settlement arrived at between the parties
Rahul Dixit
(Querist) 02 November 2012
1. The revison petition is Sate v/s Rahul Dixit and she does not have a personal lawyer in this particular case.
It is State vs Myself ( Rahul Dixit)
2. I have read somewhere that it is not possible for her to withdraw the revision as it is filed by State.
Devajyoti Barman
(Expert) 02 November 2012
You are wrongly informed that the case can not be withdrawn/ The de facto complainant can through proper application not press the Revision as well as retract her allegations.
The withdrawal of divorce case does not entitle you to avoid maintenance.
Your wife has no proprty rights over the properties belonging to your father.
