• Divorce withdrawal

Dear Sir/Madam
If i withdraw my divorce application and commit to live together with my wife,what will happen to interim maintenance case file by my wife.(but when we were asked i told court that i am not interested in living with her but she told she wanted to live with me. Argument yet to start,)

Will i still be asked to pay maintenance to my wife(if she asks for) from the date of her application to date of my withdrawal ?
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1. If both of you stay together at the time of hearing of the interim maintenance petition and your wife support this contention the the court will not pass any order immediately and wait till both of you reach to final settlement.

2. Howeevr do note that withdrawl of divorce proceeding is not hindrance to pass any order of maintenance.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

You have to comply with interim maintenance orders passed by court

2) you will have to pay interim maintenance from date of application till date

3) if no orders are passed of interim maintenance with draw your divorce petition

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

Wife will have to file fresh application for maintenance

If no orders are passed for interim maintenance and divorce petition is with drawn application for interim maintenance does not survive

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

Yes ,No one can be forced to lead a conjugal life agaisnt her/his wish.So she can very well later get separated from you. Keeping her united with you is your primary responsibility.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Dear Querist

If you are willing to live with her only to save money which you will have to pay as maintenance then it will be better to fight the divorce case and get divorce from her, if she is not ready to live with you then there is no law by which she can be forced to live with you.

Maintenance is her right if she is unable to maintain herself and you are legally and socially duty bound to pay maintenance to her.

If both if you want to live together then maintenance case will also be withdrawn.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

If i withdraw my divorce application and commit to live together with my wife,what will happen to interim maintenance case file by my wife.(but when we were asked i told court that i am not interested in living with her but she told she wanted to live with me. Argument yet to start,)

Will i still be asked to pay maintenance to my wife(if she asks for) from the date of her application to date of my withdrawal ?

If the main petition is dismissed as not pressed, then all the interlocutory applications attached to the main case will stand disposed.

Therefore there is no question of paying interim maintenance

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

can she refuse my offer(or after my divorce withdrawal) and says she wants to live separately now and continue to demand for interim-maintenance in the on-going interim-maintenace case?

As opined earlier, all the applications attached to the petition will stand disposed or will become infructuous if the main petition is dismissed as not pressed by the petitioner. Therefore she cannot exercise any option in it.

If at all she any claim in this regard she can file a separate case only.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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