Withdrawl of divorce case by wife

1. As regards spousal maintenance, it must always end on the death of either party or the re-marriage of the recipient.
2 The Court itself may fix the period for which maintenance is to be paid. This is likely to happen if the spouses are relatively young or if the marriage is short.
3. Alternatively the Court may make an order payable until the death of either party or re-marriage of the payer.
It is then up to the payer to make an application for variation or discharge of the order if circumstances justify it.
4. It follows that, in the absence of a successful application for a discharge, spousal maintenance may be payable until the death of either party.

Request you to kindly also guide me on rest of the questions.

1. What can i do to meet my child? The court had asked her to bring the child everymonth to the court so that i can meet my child but they have not obeyed the order of the court till now.

2. What can i do so that she and her family dont go missing after the retirement of her father?

3. As the divorce case had been withdrawn and only DV act and maintenance are going on can i start visiting my inlaws to meet my daughter?

4. Can the divorce case be opened again even if they have said "Not Pressed" for this case. Can they file a case for divorce on the basis that now from the time the case was filed two years had passed and we are separated in these two years?

regards

alok

If she had filed the divorce case, what was your stand in it?  You wanted to give her divorce or had strongly congested it?  Have you file a petition for visitation rights of your child?,  If she has withdrawn her divorce case, were you not served with a copy of the memo she filed for withdrawing the case?, if yes, what was the reason stated in it?  She can file a divorce case once again after a lapse of two years period also, it is maintainable but you can contest it then also.  About DV case, since it was dismissed twice earlier, you have a strong ground to get it dismissed even now.  On the same basis, you can file a petition for dismissing the maintenance case also, if the same has been decided, then prefer an appeal against it.

a case once filed by a party cannot be withdrawn unilaterally as it causes damage to the other party and the party withdrawing may again be filing the same case.  in a divorce case filed in TN which was allowed to be withdrawn by the petitioner by the family court, the HC dismissed the withdrawal and restored the case.  see the judgment of Madras HC

Madras High Court

Kavitha vs C.Prabakar Rep. By His on 17 September, 2012

DATED: 17.09.2012

CORAM

The Hon'ble Mrs. Justice R.BANUMATHI

and

The Hon'ble Mr. Justice R.SUBBIAH

C.M.A.No.2033 of 2010

Kavitha .. Appellant

Vs.

C.Prabakar rep. By his

Power of Attorney

Dr.A.Chandrasekaran .. Respondent

====also u can contest the withdrawal on the ground that it is done with the intention to disobey the court order to produce ur child every month for u to see the child.   so on this ground also u can contest the withdrawal.  i think u have valid grounds to contest.

the case can be withdrawn only if the process of issue of notices, ur appearance etc. have not started.  since  the DV case had gone a long way,  i think u can claim heavy costs.  u need to talk to a good advocate on this.

The other party gave a application stating that they are withdrawing the case due to some problem from the side of petitioner and they would require a permission to file the case in future. On this my advocate argued that either the case had to be not pressed or we would be filing the objecction on the application and we would require some time for filing the same objection. On this the advocate of my wife told that they are withdrawing the case and wrote "Not Pressed" on the order sheet. But since the point about filing the objection from our end was written by my advocate on the application the court gave us time to file the objection. On the next date my advocate got ill and was not able to go to the court. So i gave an application stating that we would require the next date to file the objection. We even gave in the date for filing the same. But the judge ordered that since the time was given for filing the objection but my advocate was not present therefore he dismisses the case and gave a window to my wife to file the case again.

So here my question is:

1. What is the meaning of "Not Pressed"? Can a case be opened even if it is "Not Pressed"

2. If the case is "Not Pressed" why did the judge gave a window to file the case again. If "Not Pressed" means that the case cannot be filed on the same grounds then what is the meaning of judge giving this judgement

3. Should i go to the high court for getting the directions?