LawRato

Can wife file a case against me for not paying the entire maintenance


23-Mar-2023 (In Divorce Law)
Sir, I m Hindu (petitioner)I cleared an RD (Dharkhwast) of pendent lite, In the meantime, I withdraw my Petition after Rd filed by respondent means after 1yrs without Contesting, After that, I cleared an RD. The date on which Rd filed by Respondent to clear the Arrear I have cleared but I withdrew my petition after 1 year means again 1yrs Arrear balance is remaining. After that respondent is sitting My Question is: Could she again file RD to recover Arrears from Petition.
Answers (4)

Answer #1
931 votes
If there are any arrears of maintenance as per the order of Court of Law and if those are not cleared in such case wife can file execution proceedings/Dharkhast to recover the said amount till the satisfaction of amount so pending.
Answer #2
886 votes
Generally, in maintenance cases, RD is not seriously considered by the court.the punishment for fulfillment is also for only one month, even parents of the woman file fraud cases of 498a of harassment is well known to the courts .You already withdrew your petition, already 2 Years seems to completed as mentioned by you if I get more information like as education of wife etc I can guide more particularly,
but at present stage only when she file for RD from that day you have to pay, please rate me if you satisfy, don't hesitate for contact.
Answer #3
821 votes
Hi She can file RD for arrears upto the date your withdrwal application was allowed by the Hon'ble Court. For further queries you can contact me. visit www.divorcewhammy..com. If you both have settled the matter or reconciled both can file joint pursis if any RD pending.
Answer #4
934 votes
Your query as described seems to be little bit unmanagedly mentioned. But as per the last sentence as you are saying that the balance is remaining for last one year, the answer is Yes she can file RD if any arrears is balance.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."