B R 123456 (UNEMP) 13 March 2010
Dear Sir
I file a divorce case and she file a Maintenance case u/s 125 for child and also file Domestic Violence case against me. Interim Maintenance is fixed against me
Now I want to withdraw my divorce case then
What about the Maintenance case and domestic violence case in that situation
Rajesh
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
REGARDING THE DIVORCE CASE KINDLY NOTE THAT.
1.DIVORCE PETITION IS A CIVIL COURT MATTERA UNDER HINDU MARRIAGE ACT. IN CASE YOU DO NOT INTEND TO FURTHER GO AHEAD WITH THE MATTER THEN YOU MAY SUBMIT AN APPLICATION TO THE COURT AND SEEK PERMISSION TO WIDRAW THE MATTER.COURT WILL PASS ORDER ON SAID APPLICATION .
2.ABOUT YOUR DOMESTIC VIOLENCE AND MAINTAINENCE MATTERS KINDLY NOTE THAT DOMESTIC VIOLENCE ACT MATTER WILL BE DECIDED ON THE BASIS OF EVIDENCE PLACED ON RECORD REGARDING HARASSMENT AND MENTAL TORTURE AND PHYSICAL TORTURE OF APPLICANT.AND ON INCOME PROOF OF HUSBAND COURT WILL FIX MAINTAINENCE.
3YOU MAY WRITE AND SEND DETAILS IN CASE FURTHER HELP IS REQUIRED.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
S.N.RAJU (PA TO JUDGE) 13 March 2010
Maintenance case is different to the divorce. A women always entitled to receive maintenance from her husbnad though she obtained divorce from him untill she remarry another person.
suresh arumugam (advocate) 13 March 2010
You have not stated the reason that why you want to withdraw the divorce case. You have also to state whether you want to live with you wife. If not, you can go for a compromise with your wife if she agrees for permanent alimony. By this way you can settle the dispute.
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