• Withdraw my divorce case

My case is on going for 5 years .I have given up the child custody of my child to him.
 My prayer is only Maintenance during the case and to get the divorce with alimony.
But the case is dragging as he does not want to give me alimony & divorce.
Can I take the maintenance he is offering and withdraw my divorce petition.
I want to continue to live separately.

I am planning to start working in order to support my parents.
Will he stop the maintenance amount if I start working?

Can I reopen the divorce case later after a few years when I feel ready financially.

Anything else I need to know when I withdraw
Asked 4 years ago in Family Law
Religion: Hindu

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10 Answers

Hi, you can take the maintenance amount. Once you start the work it does not mean that you are not entitle for maintenance but the quantum of maintenance may be reduced. Further, If your husband prove before the Court that you are capable of maintaining yourself then you are not entitled for maintenance. If you want you can withdraw the Divorce Petition.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

You can enter into consent terms wherein x amount is given to you as maintenance and divorce petition is withdrawn by you 

 

2) if you are working husband may refuse to pay you maintenance and make application for modification of maintenance order 

 

3) only if there is substantial differences in your incomes would you be entitled to maintenance 

 

4) you can file for divorce later 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear Ma'am,

1. You can withdraw your case and take maintenance for the time.

2. No he cannot stop paying you maintenance, since working women can also claim maintenance. 

3. You can withdraw the divorce petition now and you can also file another petition in the future if required.

4. However I believe, that legal proceedings take a lot of time and can be expensive too, and since you have already invested so much into this case, you can approach the court and state that your husband has been trying to delay the proceeding. Initiating a new case in the future can again be time taking and expensive.

Thank You.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- Legally you are also entitled to get the maintenance and alimony at the time of divorce 

- Further , if the divorce petition is taking much time then you can also file a separate maintenance case against him under section 125 CrPc and also DV act. 

- Further, if there is delay then you can move an application before the same court for speedy trial , and if court dismissed the application then you can approach the High court for getting finished the matter within a time frame. 

- However you can withdraw the divorce petition with the opportunity to re-file the same , but the same case cannot be re-open after a long period of time. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

As on date you are not working so entitled to maintenance

 

if tomorrow you start working husband may refuse to pay you maintenance and apply to court for modification of maintenance orders 

 

in consent terms it can be provided that both parties agree to stay separately and husband shall prii of vide you alternative accommodation 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

- No , court cannot pass such orders

- If he stops to pay , then you can approach the same court for execution of the pending maintenance amount. 

- As per Supreme Court , a working wife is entitled to get maintenance, but if your income is more than him then only you cannot claim maintenance from him. 

- Yes, you can file a divorce  petition on the ground of separation after two years. 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear mam,

1. if you wish to live separately, you can proceed on and obtain a decree of judicial separation from the court.

2. yes you can be granted a divorce. 

Thank You!

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

There is no compulsion on you to withdraw the divorce case.

It is not that he is dragging the case, what is your advocate doing when the case is being unnecessarily dragged by the opposite lawyer, if you feel that your advocate is not cooperating then you may have to change the lawyer and fight the case with an able and efficient lawyer to deal with the case effectively. 

If you filed a petition for alimony under section 25 HMA along with the divorce case, you need not withdraw the case, especially if he is employed becasue the court will decide the quantum of maintenance on the basis of his proved income and you can arrange to recover the maintenance amount from his salary.

He may say that he will provide maintenance amount to you if you withdraw the divorce case, however in the absence of any court order he may refuse to pay monthly maintenance thereafter and you may not be able to get the monthly maintenance amount 

Therefore  you can mount pressure on him only when there is a legal case pending against him, hence think about it properly and take a wise decision instead of taking a hasty decision and repent over your mistake after that. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

He may say that he will provide maintenance amount to you if you withdraw the divorce case, however in the absence of any court order he may refuse to pay monthly maintenance thereafter and you may not be able to get the monthly maintenance amount.

He may stop paying any money at a later stage for which you may have to approach court once again, hence do not be deceived by his false assurances, you should always have a strong court order without which you may not be able to achieve anything especially if he is very stubborn about it.

You can always live separately away from him and no court can force you to live with him agaisnt your willingness, but you should make sure that you have sufficient and genuine reasons to live away from him.

You have already filed the divorce case, hence without withdrawing the same you cannot file a divorce case after two years also, however if you want to withdraw the divorce case then you may not be able to prosecute him properly and effectively at a later stage because you have voluntarily withdrawn the current divorce case without any proper and valid reasons. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

It's better you settle with him and go for lumpsum alimony. This will be easiest of all

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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