• Maintenance case

Hi Sir,

My name is prasad. I need suggestion please help me on this, recently i got divorce on [deleted] by mutual consent. I paid 10 lakhs to her as permanent alimony infornt of court. She agreed to with draw maintenance case infront of lok adalat she also signed infront of court to withdraw the case but she was not withdrawing the maintenance case till now.We asked her lawyer to tell her to withdraw the case but she was not doing that. But she agreed to with draw infont of the court and lok adalat also. Is any problem for me if she is not going to withdraw that case. Please help me how can i proceed.
Asked 7 years ago in Family Law
Religion: Hindu

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13 Answers

Hello,

on thr basis of her written consent to withdraw the case, you may go ahead and challenge the validity of the case in the HC.

get the same withdrawn or dismissed. There is no point in keeping the same pending. Send her a notice and ask her for withdrawal of the case.regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Wife woukd not get any maintenance if she has received sum of Rs 10 lakhs in full and final settlement as alimony 

 

2) in your reply in maintenance case enclose copy of certified divorce decree wherein wife received Rs 10 lakhs as one time settlement 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

See of she doesnot withdraw the case you need to contest same , reply has to be filed stating complete maintenance amount has been paid to her and she has also accepted to withdraw the case now for illegal gain she is not withdrawing  same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Please go through the affidavit filed in mutual divorce case.Check whether she had withdrawn the right of maintenance.and also check the decree . If ll there is a sentence stating that all the future claims and maintenance are settled then don't worry about the same.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

If she is agreed in the court then no need to worry. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

hello

     the maintenance case was filed by her but in the meantime, you filed and obtained MCD. therefore now no maintenance is needed to be given. the MCD terms must be clear on this. the T&C must be stated clearly in the petition. also if she tries any kind of mischief, file a complaint against her for cheating and defrauding.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If she is not withdrawing the case then you may challenge the same on the basis and evidence of the amount paid to her on so and so date.

 

Let she dispute it after which you can produce the documentary evidence before court and get her maintenance case dismissed.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. The order of lok adalt is binding upon her and it can be put into execution for implementing its order

2. Now the legal right can not be waived and though she had agreed to withdraw the maintenance case the court ca not force her to do so.

3. However even if she pursues the maintenance case no relief is going to be granted by the court in account of her receiving a sum of one lakh from you.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Client, 

Until case will not withdraw, case will proceed but court will consider settlement money paid to her and her undertaking given to court for withdrawing.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

  1. As per the information mentioned in the present query, makes it clear that she gave a statement before the court of law, and I believe that the same is there on order of the court also.
  2. This is clearly a contempt of court for not complying the order of the court.
  3. You should not let it go like this as this may create future problem for you only.
  4. I advice you to file a contempt of court petition before the Hon’ble High Court so that she would comply with her statement.
  5. Once you do this, she will have to withdraw the cases otherwise will be sent to jail.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Even in case this maintenance case is not formally withdraw, it will be dismissed in case no pairvi is done in this matter. Hence, it should be your focus to see that she is not pursuing this matter, behind your back.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. Has her such agreeing to withdraw the maintenance case been recorded by the Court decreeing the MCD and also the Lok Adalat?

 

2. If yes, the you need not worry at all and attend the case on its next date of hearing submitting the documents showing her such submission to withdraw the maintenance case after receiving the one time Alimony from you.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.Since she has gone back on her promise made in front of Lok Adalat which must have been reflected in the court order the remedy in your hands is to file a petition for quashing of the maintenance in the High Court. She cannot be allowed to sail in two boats at the same time.

 

2. Unless the case is either withdrawn or quashed it will proceed in accordance with law.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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