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What would be the effect of withdrawing a maintenance case?


18-Nov-2023 (In Civil Law)
I filled it against my husband Cr125. I don't want to stay with him and I don't want to beg anything from him..... If I withdraw my case can he harm me... Both daughters are with me
Answers (5)

Answer #1
368 votes

To withdraw a maintenance case in India, the applicant (usually the wife or dependent who filed the case) must submit a formal application to the court stating their intention to withdraw. The court will review the application to ensure the withdrawal is voluntary and not influenced by coercion or pressure. If satisfied, the court will allow the withdrawal and dismiss the case. If a maintenance order had already been passed, it may be set aside or modified depending on the circumstances.

Important Note: If the case involves minor children or public interest, the court may refuse withdrawal if it feels their welfare is at risk.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

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Answer #2
565 votes
It wont harm you in anyway. Its just a litigation that you dont want to pursue anymore. Rather it gives a strong message that you are self sufficient and capable enough to take care of yourself and your kids. All the best.
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Advocate Pankaj Chauhan

Adv. Pankaj Chauhan

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Answer #3
872 votes
Hello You had filled case of maintenance under section 125 crpc against your husband suppose if you want to withdraw your case you will not get maintenance so its your decision whethr you want to continue with this or want to withdraw this.
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Advocate Deepak Sabharwal

Adv. Deepak Sabharwal

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Answer #4
940 votes
hello mam, i would like to answer your query in this manner that if you don't want to live with your husband then go for a mutual divorce and have the life maintenance in the shape of alimony from him. untill you don't withdraw from your case. once he agree upon the mutual divorce ,you setteled all the terms and condition and then withdraw the case u/s 125crpc. why you give up your right of alimony? after all, you have two daughters to look after. even otherwise if you don't want to pursue the matter its not a big deal.
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Advocate Nidhi Sharma

Adv. Nidhi Sharma

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Answer #5
578 votes
if you have not want to stay with her husband. then you have a legal right claim maintenance from her husband. if you have want to withdraw her application under section 125 Cr.P.C. and do not want to get maintenance. then you husband cannot cause any harm to you.
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Advocate Raj Kumar Mahay

Adv. Raj Kumar Mahay

LawRatoNawanshahr | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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