Rcr withdrawl after hma 24

Fighter

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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Arguing my own cases..

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..

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Fighter

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.

 
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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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Arguing my own cases..

I agree with chaitanya

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Fighter

Thank you Chaitanya ji and Mirage ji.


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

 
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ADVOCATE

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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Fighter

Thank you Rajeshji !

 
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Fighter

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

 
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practicing advocate

You can submit before the court to pass an order

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