Divorce petition

Querist : Anonymous (Querist) 17 March 2011 This query is : Resolved
Wife filed a petition to get protection order in abroad Court. Due finacial problem (Maintenace to wife ordered, lawyers fees huge burden)I left to India .My wife also came back after three months. Due to fear and Advocate's advice filed Divorce petition(special Marriage Act).But husband like to live with wife. Wife filed a maintenance petition in the Divorce petition. Husband orally told before Court for withdrawal. What husband can do at this time. The petition in abroad closed due to absents of both parties.Husband like to live with wife.Two children.two years and four years of age. Please give favourable advise.

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Devajyoti Barman (Expert) 17 March 2011
If in pending matrimonial proceeding the wife files an application for alimony then the withdrawal of the main case does not come to rescue the husband as in that circumstances too the court would hear and decide the petition for alimony.
For staying with your wife and children , you should have though much earlier or before you files the cases for divorce not after when the fe claims for maintenance.

Jitendar Kumar gupta (Expert) 18 March 2011
file a petition for restitution of congugal rights. If you wants more information/ advice please call at 9868529732

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