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Never Give Up (Fighter)     17 February 2012

Rcr withdrawl after hma 24

Hello learned members,


Husband filed RCR and in response wife filed written statement and HMA 24. Can husband withdraw RCR now ? Please suggest.




Learning

 15 Replies

Manav Kalia (Arguing my own cases..)     17 February 2012

Unless husband wants to divorce now why withdraw rcr. If wife does not want to stay with husband them she will not get any maintenance under HMA 24. If husband wants divorce then husband can withdraw rcr citing hma application is last straw and has led to irretrievable break down of marriage, and withdraw rcr mentioning he is going file divorce under relevant section..
1 Like

Never Give Up (Fighter)     17 February 2012

Hi Mirage,


After husband filing RCR , wilfe filed 498a and husband went into jail. Wife still dreams of getting re-united and settle (read rule) in matrimonial home. Now husband doesnt want to take her back so want to withdraw RCR.


Is it legally possible to take back RCR at this stage when wife filed WS and HMA 24 ?


Please suggest.

Chaitanya_Lawyer_Mumbai (Lawyer)     17 February 2012

Yes.Withdraw RCR.

If you do not wish to live with her,you should not file or keep RCR pending.

As she must have mentioned in her reply that she is living separately due to cruelty from you,interim maintenance may be awarded till RCR decree in your favour,which may take years.

She can leter file for maintenance as separate petition later though.

1 Like

Manav Kalia (Arguing my own cases..)     17 February 2012

I agree with chaitanya
1 Like

Never Give Up (Fighter)     17 February 2012

Thank you Chaitanya ji and Mirage ji.


One last question ..can HMA 24 automatically gets cancelled when we withdraw RCR ?

ADV Rajesh KASRIJA (ADVOCATE)     17 February 2012

I agree with chaitanya,if the main petition is withdraw all interm orders also cancelled.but if any order in 24 HMA announced then she can enforce though filling execution petition

1 Like

Never Give Up (Fighter)     17 February 2012

Thank you Rajeshji !

Never Give Up (Fighter)     17 February 2012

No orders so far  of any nature ,either in RCR or HMA 24.

adv. rajeev ( rajoo ) (practicing advocate)     17 February 2012

You can submit before the court to pass an order
1 Like

cm jain sir (ccc)     17 February 2012

 

@Ld Rajesh and other experts,

 

if the main petition is withdraw all interm orders also cancelled.but if any order in 24 HMA announced then she can enforce though filling execution petition


What an excellant findings!: If main petition RCR/Divorce filed by husband is withdrawn, all the interim orders also get cancelled.

Is it applicable in case of "dismissal of RCR/Divorce" due to non-appearance in the proceedings due to some genuine reasons also?

Chaitanya_Lawyer_Mumbai (Lawyer)     17 February 2012

If any interim maintenance order has been passed & if any arrears have not been paid till dismissal/withdrawal of  the case,wife can file for execution of order.

Maintenance will have to be paid till withdrawal/dismissal date.

1 Like

Father of lovely Daughter (Father)     18 February 2012

respected  members,

 

Pls advise as my wife filed false 498a against me and my family.she filed complaint in gurgaon on 4nov2011 and i was called thrice in w cell.then later i came to know that complaint had been transfered to ghaziabad up where my in-laws are staying.Till date no FIR is filed.No copy of complaint had been given to me.What should i do.


Q.How long a police complaint is good if an FIR is not filed?

Regards,

T

Never Give Up (Fighter)     23 February 2012

Hello Learned members,



In my case judge suggested me to withdraw RCR after representation from my end (i.e. 498A after rcr and other stuff), however it seems advocate of other party didnt allow to withdraw it. I couldnot understand the reason /law behind respondent's advocate not allowing to withdraw the case filed by petitioner advocate. Request you to throw some light on this, are we missing something here ?
 

Please suggest.


Regards
A1(498A)



Note : No order on RCR/HMA 24 yet.
 

rajiv_lodha (zz)     23 February 2012

Dear Never Give Up!

RCR is a civil case, u can easily withdraw it at any stage being the petitioner.

Better u mentio the grounds too (false allegations+mental cruelty via 498a). It will help u later on if u apply for divorce.

Gud Luk

1 Like

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