Hello learned members,
Husband filed RCR and in response wife filed written statement and HMA 24. Can husband withdraw RCR now ? Please suggest.
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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.
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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
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No orders so far of any nature ,either in RCR or HMA 24.