Dear lawyers,
l am working in army. My wife filed for maintenance allowance in family court 3 years back and last year she gave her application in army for maintenance allowance.In family court all the proceedings were over and the final judgement is awaited for last 04 months. ln the meantime Army sanctioned 22% maintenance allowance of my gross salary to my wife.Now my wife has given application for withdrawal in the family court.Now all my hard work for last 03 year has gone waste .Now what should be my next course of action.Can l go to High court to appeal to give the decision by family court and also for delay by family court in giving the decision. I am now applying in AFT against the decision of Army.But my wife can again apply in family court for maintenance allowance after sometime and that amounts to my harrassment.What should I do,? Erudite people please help me.
The Petitioner can anytime withdraw her petition and so is your wife withdrawning her maintenance petition under section 125 Cr.P.C. No court can stop her to do so and as there is no order passed till date by the Family Court her right to withdraw her maintenance application exists. You may be under the impression that the Family Court may fix maintenance less then 22% of your salary that the Army authorities have fixed for her, but that may not be the case. The maintenance fixed by the Family Court u/s 125 Cr.P.C is usually from the date of petition which means you will be asked to pay her maintenance for last 3 years if the order by Family Court is made now. The maintenance amount too may be somewhere 1/4 of the salary you get in hand. So basically the wife seeking withdrawal of her petition 125 Cr.C.P may be blessing in disguise for you.
As far her making new petition u/s 125 Cr.C.P after sometime is concerned that may not always be safe for her as the reason for her withdrawing the present maintenance petition and filling it once again will have to be explained by her otherwise her such act will be taken by the Family Court as act of fraud or mockery of judicial system or taking advantage of her own wrong.
