Regarding claim
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Querist :
Anonymous
(Querist) 07 March 2010
This query is : Resolved
Respected sir,
My daughter in law has filed DV/DIV/498A
filed against my son and we have filed Custody/Criminal complaint u/s200 and sumonning order issued u/s 193 of IPC and DP3 also in which FIR has been registered.
We have also filed an appeal in session for maintenance of the child in DV and sec.24 has been dismissed.
But I came to know a day before yesterday, she has withdrawn her divorce
petition. I donot know the reason for the withdrawal though I have applied for the order and her statement.
Sir, kindly tell me that wheather her withdrawal is benificier or it will giver me the bad effect on my rest cases.
Secondly can I claim my expenditure incurred during divorce proceeding for last two years.
Next as i have filed in session for fixing maintenance of the child as I am the aggreived with the order of the ACJM.
Now on the date of hearing will the other party will supply the reply or on this date ADJ , will issue the orde, after going through my petition .
Thanks
Raj Kumar Makkad
(Expert) 07 March 2010
1. Withdrawal is beneficial or not depends upon the facts, circumstances of the case and your desire (actually desire of your son) so nothing concrete can be told merely on this fact that she has withdrawn her petition.
2. No. You cannot claim at this stage.
3. No reply is required. Lower court record can be summoned and arguments can be led by both parties and order can be given by the court of ADJ.