Querist :
Anonymous
(Querist) 26 January 2012
This query is : Resolved
Sir, I would like to know that i filed the above mentioned case against my wife from last 2 years. My wife forcefully taken children with her and now claim for Interim Maint. to court. Court Order interim maint from she appld. Now I have a financial ptoblem. Due to fin. problem I want to withdraw case from Court asking for I dont have money to pay and the amt which by order will be pay by me in a few month. Can I apply for to Withdraw the case. 1. I have low salary 2. My mother at home nearly 70 yrs 3. No bank bal. 4. No home in my name. 5. Unable to pay to both Vakil as She Filed a case against me for CRPC 125 in other court village.
Please reply me what to do ? Awaiting your reply please please.
Shonee Kapoor
(Expert) 26 January 2012
You can withdraw the case, but you would have to pay the maintenance till the date case was pending in the court.
That means the maintenance from the date of application till the date of withdrawal would need to be paid.
And if 125 , MTN after the case too. It is not 24 for pending litigation.He said TWO cases. So Lifetime mtn.will continue even if he withdraw RCR u/s 9
I ALWAYS RECOMMEND RCR IS USELESS AND HARMING: THIS IS A LIVE EXAMPLE. GET NOTHING & LOOSE.
Devajyoti Barman
(Expert) 26 January 2012
Withdrawal of your RCR would not end the case for alimony. So forget it as it is not going to help.
Unemployment is not an excuse to avoid maintenance. Your current financial strain may help to modify the interim maintenance if passed already or it may be taken into account by the court while hearing maintenance petition.
So you have no option but to provide maintenance to your wife and children.
Raj Kumar Makkad
(Expert) 26 January 2012
Well advised by experts.
Guest
(Expert) 26 January 2012
you are totally liable to give the maintenance to your wife and you are bound by it whether you continue the case or withdraw that
Guest
(Expert) 26 January 2012
i do agree.
prabhakar singh
(Expert) 28 January 2012
yes!Well advised by experts.
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