Rcr withdrawl and hma 24
Never Give Up
(Querist) 24 February 2012
This query is : Resolved
Hello experts,
Husband filed RCR 6 months before and in response wife filed written statement and HMA 24.No order / interim order on RCR/HMA 24 yet.
We pressed on withdrawing RCR, however opponent lawyer didnt allow withdrawl.I could not understand the reason behind it .
Could you please let me know what is preventing us from withdrawing RCR legally ?
Thanks a lot.
Regards
A1(498A)
Raj Kumar Makkad
(Expert) 24 February 2012
There is no problem to withdraw the petition by the petitioner at any time.
Nothing can be understood from the attitude of your counsel. You may orally pray to the court seeking withdrawal of your petition and let your lawyer open his mouth there.
V R SHROFF
(Expert) 24 February 2012
As Maintenance is demanded by Wife Pending Litigation, ad can be allowed to her w e f date of Application,It amount to counter.
On your withdrawal of RCR, she looses her opportunity to get maintenance pending Litigation, so she is increasing period of Litigation, and amount also u/s 24 HMA
Shonee Kapoor
(Expert) 24 February 2012
It is your right to withdraw the petition at anytime you like.
At the max, the HMA 24 would be decided and given till the RCR was pending.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 25 February 2012
Is your withdrawal petition is conditional,that is to say,with liberty to file a fresh one???If not so and when no interim order is passed for maintenance then
I also fail to understand strategies playing in mind of opposite side.However it would be ordered to be withdrawn.
Shonee Kapoor
(Expert) 25 February 2012
But the maintenance can still be granted from the date of filing of HMA24 till the petition was withdrawn.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Never Give Up
(Querist) 27 February 2012
Thank you very much experts.
You are like angles, helping and showing directions to troubled souls.
