Sukhija (Advocate) 06 August 2013
Husaband filed petition u/s 9 of HM Act, Interim maintenance filed by wife u/s 24, pending: Husband preferred apptn under order 23 rule 1 for withdrawal of petition. Maintenance of wife and two children aged 2 yrs not decided, withdraw of petition can be allowed? Any citation to support wife's case?
A.SUMATHY 9380902017 (LAWYER) 06 August 2013
No. Once he withdraw the his petition automatically your petition also closed.
You have right file seperate petition for maintenance under Sec.125 CRPC. File immediately without delay.
Shantanu Wavhal (Worker) 07 August 2013
when husband withdraws sec. 9 petition, wife's sec. 24 application has no meaning. sec. 24 is just for INTERIUM MAINT.
when there is NO CASE, there can not be INT. MAINT.
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