Question

thanks helping hand,
1. wife filed rcr +125, husband never showed objections for cohabitation, wife and in laws were under the impression that husband would show objectios so that interim in 125 would be awarded and they would enjoy on hubbys money.........it never happened.....

2. now in husbands divorce before awarding pendente lite alimoney in 24hma, if he withdraws saying financial crisis does he need to clear arrears in 24hma????, interim in 125crpc about to be rejected as desertion by husband not proved.

Originally posted by : shriks
	thanks helping hand, 1. wife filed rcr +125, husband never showed objections for cohabitation, wife and in laws were under the impression that husband would show objectios so that interim in 125 would be awarded and they would enjoy on hubbys money.........it never happened..... 2. now in husbands divorce before awarding pendente lite alimoney in 24hma, if he withdraws saying financial crisis does he need to clear arrears in 24hma????, interim in 125crpc about to be rejected as desertion by husband not proved.

No question of payment of arrears.  After you filed divorce petition, your wife filed 125 crpc, when you withdraw divorce petition, either you have to accept her back or go stay with her.  

If you wish you can withdraw such divorce petition filed and file a fresh divorce petition mentioning in the same if any new harrassment has been meted out to you by your wife.  And again, for that new divorce petition, your wife has to file a fresh maintenance plea.

thanks expert,

1. gotcha........now i will wait just before the order for pendente lite alimoney and then would withdraw the main divorce petition......till the let them appear as they suddenly appeared before judgement going ex-partee.........in divorce........

2. meanwhile i would keep saying in her rcr and 125 that i am resdy to cohabitate and i really am bcos she doesnt wanna stay with me so she not joining........i am nowhere at fault......
3. i know if she comes back , she would come just for 498, dv ........but is it worth taking risk as at present she has barged into my moms flat close to her place......if she joins me.....where i stay i.e.   50km away in a village.......dv residence orders would be at the last place of residence and not moms flat which was in my name gifted to mom before filing of cases from either sides..?????????????
4. i just wanna empty the flat so that i can sell and encash......without civil cases which run for years.......and also prove her desertion side by side and money mindedness .....showing her coming to court with unclean hands.........