divorce and 125

ramesh (Querist) 14 April 2016 This query is : Resolved
Dear seniors. I m a govt employe,salary is around 35k, during delivery my wife went to her parents home and blesed wid a baby girl in 2011,after that I tried so many time to bring her back but she always refused and finally after 2 years I file a divorce petition in 2013 in district court of howrah tht was misguided by a adv tht he can give divorce degree in 1,yr by exparty, in d meantime she filed 125 in lower court. whn expartee was going to order my wife has filed hma24 in oct2014. Nw on 26apr16 my evidence hearing is therethere but this time i can't able to attend My query is if withdrw divorce petition thn wt ll happen? Does her hma24 can nt b executed thn. Wt shld b best for me ,to withdrw divorce petition or to continue it. Since after filing hma24 by wife divorce case is stopped.
Another thing is tht if i don't withdrw divorce Petition is there is ny chance to get divorve,my divorce ground is 2yrs separation.
Pls guide me seniors

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Kappil Cchandna (Expert) 14 April 2016
Sir,

If you have decided not to live with her then don't withdraw the divorce petition and continue with it.

If she has left the matrimonial house with her own will, then she should not be entitled to get maintenance under section 24 of the HMA, show to the court that the litigation has started because of her own fault and nothing else.

Warm Regards
Kapil Chandna Advocate
9899011450

ramesh (Querist) 14 April 2016
Yes kapil ji i saw sm judgements also but in every 1such judgement there r 10 judgements against man.
Judiciary is a toy of cunning womans.