Rcr withdrawl after hma 24

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..

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.

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.

I agree with chaitanya

Thank you Chaitanya ji and Mirage ji.

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

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

Thank you Rajeshji !

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

You can submit before the court to pass an order

 

What an excellant findings!: If main petition RCR/Divorce filed by husband is withdrawn, all the interim orders also get cancelled.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

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.

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.
 

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