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NJ (None)     12 July 2013

Effect of withdrawl of divorce case on maintenance

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.



Learning

 5 Replies

Adv. Chandrasekhar (Advocate)     13 July 2013

To your both questions answer is "no".

2 Like

Advocate Ravinder (Advocate/Attorney)     14 July 2013

Your withdrawing of divorce case is immaterial with the maintenance case.  Both are different and there is no connecting between them. Once your marraige is done, you are liable for maintenance under civil law and criminal law. 

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     14 July 2013

@ author, Even you withdraw the divorce petition, if you wife is not employed or sufficient source of income, she can be awarded interim maintenance under section 24 of HMA from the date of the application till the divorced petition is dismissed and also she can be awarded litigation expenses and costs. Good luc

Gopal Arora (Engineer)     14 July 2013

If you withdraw divorce case then court can decide her application u/s 24 of HMA or leave it undecided. If decided, I agree with Adv Srinivasa Prasad.

Please note that your wife can always file another maintenance application u/s 125 Crpc or HAMA etc.

shriks........... (healyhcare)     15 July 2013

1. she would definately file 125crpc ........i bet on it.........
2. then filing of divorce as mental cruelity would be her plea for interim maint ......

3. if your stand for withdrawl is strong or weak......and if you prove perfectly that no neglect from your side and ready to maintain wife or wife able bodied and able to maintain herself chances of maintenance denial are bright......


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