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fighting back (exec)     02 August 2013

What if divorce petition is withdrawn by husband

suppose in future, the div petition filed by husband is withdrawn as he is unable to bear the financial burden of maintainence, and in future if he wishes to file for divorce again, then can he do so?

multiple cases are filed by wife like RCR, 125, DV , and husband has filed divorce, but he is unable to bear the costs of provision of travel allowance coupled with maintainence to wife, and if he withdraws the petition just to save the money being spent, then what happens?

can he file the divorce again in future, or are the gates closed forever?


 5 Replies

mohan -fighter (Head)     02 August 2013

yes... the cases wud still continue till ur wife backs out..  if u take ur case back, it wud be so clear that u have lost ur battle...  so, u have not much choices left... 


If you withdraw divorce petition just for avoiding paying maintenance, then, you should have cleared off old balance. And wifey should give new maintenance application for the new divorce petition you will file. All in all its a total waste of time.

Goutam Prasad (Advocate)     02 August 2013

If you are paying maintenance in response to any interium order passed under section 125, the same will have to be paid even if you withdraw the suit for divorce.

Withdrawal do not have any bearing on payment of maintenance.

Please take your decision keeping in view of this fact. Rest, even if you withdraw, you can file the suit again at later stage explaining the reasons for your such act.


Goutam Prasad



Mob: 9810753838


It is not wisely recommended to withdraw the divorce petition for the facts of not bearing maintenance:

1. The cases which she has filed will run as usual as she is not going to accompany you.So,under DVA 2005 she will seek for seperate accomodation and mainetnanace due to her false allegation of her physical abuse.

2. If you withdraw div again you have to file from the very begining,the time and money will be wasted.

3. She has no gurantee that she will take all the cases and will never file the cases in future.

shriks........... (healyhcare)     02 August 2013

1. do not withdraw now.....
2. she filed DV and 125, so contest.......anyways you might have to pay maintenance somewhere or the other....
3. try to minimise hma24.....i got 2k ......i myself did all arguments in abscence of my lawyer....even i was planning to withdraw but 2k is o.k. with me.......
4. drag cases....if you are true.....they might succumb for MCD soon.....
5. pay little little if interims granted but try level best to deny........i did.......her interim in 125crpc not granted yet and case posted for final maintenance
6.wait n watch but keep defending all allegations 

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