ramesh 21 July 2017
Sachin (N.A) 21 July 2017
|Originally posted by : ramesh|
|Hello frnds one small query, i hav filed divorce on desertion and wife has filed hma24, hma24 ordered 8000 rs frm date of application,thn i Appealed in high Court against d order but high Court didn't change anything.
Now my question is 1) is it possible to withdraw divorce case now ?
2) if i withdraw thn wt will happen to hma24 ,shall i hav to pay ?
3) is it possible to revise d high Court order?
4) wts d best thing i shld do
You can withdraw your case, but same will not discharge you from the responsibilty to pay the maintenance from date of filing of petition till date of withdrawl of case.
But to claim the maintenance of that period your wife needs to file the case of execution
Siddharth Srivastava (Advocate) 21 July 2017
Yes,you can withdraw your divorce case but you shall remain bound by the order made u/s. 24 HM Act. You shall continue to pay and if you defaulted hen your wife can compell you by filing excution cse for execution of order. If you seee reason you can challenge high court order in larger bench or in SLP.
Ms. Usha Hegde (CEO) 22 July 2017
No need to pay once you withdraw divorce. Above advices are wrong. Check judgement Punjab and Haryana High Court dated 1998 Ramalinga Raju vs Parvati