125
ramesh
(Querist) 13 April 2016
This query is : Resolved
Dear seniors. I m a govt employe,salary is around 35k, during delivery my wife went to her parents home and blesed wid a baby girl in 2011,after that I tried so many time to bring her back but she always refused and finally after 2 years I file a divorce petition in 2013 in district court of howrah tht was misguided by a adv tht he can give divorce degree in 1,yr by exparty, in d meantime she filed 125 in lower court. whn expartee was going to order my wife has filed hma24 in oct2014. Nw on 26apr16 my evidence hearing is therethere but this time i can't able to attend My query is if withdrw divorce petition thn wt ll happen? Does her hma24 can nt b executed thn. Wt shld b best for me ,to withdrw divorce petition or to continue it. Since after filing hma24 its stopped.
Devajyoti Barman
(Expert) 13 April 2016
Do note that even if you withdraw the divorce suit the proceeding u/s 24 HMA will remain unaffected and the court will grant alimony pendente lite.
So I find no reason for you to withdraw the suit at this advanced stage unless you discover ways to make get back your wife in your life once again.
Rajendra K Goyal
(Expert) 13 April 2016
withdrawal of case is recommended only if some amicable settlement is arrived.
V R SHROFF
(Expert) 13 April 2016
U R BOUND TO PAY MAINTENANCE EITHER WAY.
SEC 24 WILL STOP ONCE U WITHDRAW DIVORCE PETITION, BUT 125 WILL CONTINUE.
BEST WAY IS TO SETTLE THE MATTER IN DIVORCE PETITION , GET CONSENT TERM SIGNED AND FIXING MTN ALSO.
ramesh
(Querist) 13 April 2016
Thanks for d suggestion seniors but judiciary is anti male, i filed divorce on 2,yrs separation ground only.
After 24hma does there is a possibility to get divorce?
Rajendra K Goyal
(Expert) 15 April 2016
Repeated at:
http://www.lawyersclubindia.com/experts/divorce-and-125-593946.asp#.V
