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s..i..n..g..h.. (member)     22 November 2010

can i withdraw RCR(sec 9 HM act)

Suppose one husband filed Sec 9 HM act , wife comes file sec 24 HM act ,

now can husband withdraw Sec 9 application and avoid maintenance sec 24 HM act


 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 November 2010

He may or may notwithdraw his petition.  Even   Wife is only entittle to claim maintenance once she cannot claim maintenance in husband's case and in her case.  She has to claim in only one case.

1 Like

Jithendra.H.J (Lawyer)     22 November 2010

I agree with Rajeev

Jamai Of Law (propra)     22 November 2010

To your RCR petition...what is the counter plea? Has wife asked for judicial separation as per sec 10 ....or anyother counter claim as per sec 13?


If there is any counter plea, then it may also be transposed. If not...........Even though the RCR petition is withdrawn, the interim application sec24 by wife in the same case continues unless wife withdraws the sec24 interim application.


Sec 24 interim hearing is trated as a separte thread but at the time of final judgement ..even when petition is withdrawn......the question/issue of....Whether the maint awarded as 'interim' be continued post-withdrawl of petition or not? is definitely taken up by the Hon Court.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     24 November 2010

Dear Jamai of law,

Secton 24 is for interim maintenance till the pending of any other case but once case will be finish then how any judge can decide this case.?

Further Dear Mr.Singh,

If u have filed section 9 HMA then you need not to worry coz there are lots of judgemnts which says that if wife deserts you then she is not entitle for any maintenance or claim.

At the most, court will fix only a little amount for her expenditure to appear and hire her advocate, so not to worry and go ahead.

Good luck.

santosh mahdeley   27 January 2016

what is the procedure of temporary  withdrawl section 9???

agar main hma 24 ke date main nahi jaata to kya, without my presence judge interim bana dega??

interim kitni date ke baad declear ho jata hai.??

how to back fire, in hma 24 case without withdrawl section 9?? 

pros and cons of section 9 after withdrawl it??

senior plz advice


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