Kiran 02 February 2016

About withdrawal of sec 125 crpc petition

Hello Respected Experts...

Can you please suggest, Can I withdraw the sec 125 crpc maintenance petition in following condition...???

1) my husband had filed divorce petition & I had filed RCR, his divorce petition is dismissed & RCR is allowed and the court has given him a time for 2 months for cohabitation, but yet he has not given any response.When could I file an execution...???

2) The stage of maintenance case is my evidence is over and he has to pay interim maintenance but more than that I actually want to rejoin the company of my husband along with my son.

So,Can U plz give me suggestion...What should I do...???

3) Withdrawal of petition will affect me coz my husband has not given any response yet...

4) Or Can I request to the court for mediation...??? Plz guide me Experts...

Will be very grateful to U...Thanks...

Reply Follow

10 Replies

Laxmi Kant Joshi (Advocate ) 02 February 2016

Don't withdraw the s.125 petition let him file his reply .

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE) 02 February 2016

no fruitfull result will came if there is any execution rather it will stream up your time and money.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE) 02 February 2016

no fruitfull result will came if there is any execution rather it will stream up your time and money.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE) 02 February 2016

this is not a stage for with draw the case , late the case be run on its own way

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE) 02 February 2016

with drawal of case would not make your husband easy mentality

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE) 02 February 2016

there is no provision that court may take part of mediatary

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE) 02 February 2016

with drawal of case would not make your husband easy mentality

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE) 02 February 2016

with drawal of case would not make your husband easy mentality

Kiran 02 February 2016

thanx for ur replies....

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 02 February 2016

Exectuion of a decree u/s 9 of the HMA ius governed by order 21 rule 31 of the CPC. If you press for an executiion, the husband mkight be sent to jai;l for non compliance of the decree. Then the chances of co habitation further decrease.

Accept the fact that he doesnt wanna be with you and move on. I know its very difficult but sometimes you have to accept harsh realities.

You can continue to claim maintenace. Dont withdraw it, just as yet