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Lawyer Asking Me to Withdraw Maintenance and Residence Applications


06-Oct-2026 (In Divorce Law)
My divorce case has been pending for almost 2 years. My lawyer filed applications for maintenance and residence in the Family Court under the DV Act. For the last 6 months, there has been no progress. Now my lawyer is advising me to withdraw the maintenance and residence applications and file a separate DV case in criminal court. I am unemployed and cannot afford multiple cases. Should I withdraw the existing applications? What are the consequences? Should I seek a second legal opinion?
Answers (5)

Answer #1
651 votes
Don’t withdraw the existing maintenance and residence applications without understanding why. Since you are unemployed and cannot afford multiple cases, get a second legal opinion first. Before withdrawing, ask your lawyer: Why is a separate DV case necessary? Can relief be obtained in the existing case? Will withdrawal affect your existing claims or cause further delay? Can the present case be expedited? Best practical step: Get a second opinion from a DV/Family Court advocate before signing any withdrawal application.
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

LawRato Mumbai | 200+ Answers
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Answer #2
761 votes
Don’t withdraw the existing DV maintenance/residence applications without understanding why they are pending and what you may lose; withdrawal can affect your immediate relief and may create additional litigation and costs. Since you are unemployed and cannot afford multiple proceedings, yes, take a second legal opinion before withdrawing, preferably from a lawyer experienced in DV and family-court matters.
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Answer #3
928 votes
Do not withdraw the existing applications without first reviewing the case papers and orders passed in your matter. The appropriate course depends on the stage of proceedings and the reliefs already sought. I would suggest taking a proper legal opinion before taking any decision regarding withdrawal or filing a fresh DV proceeding.
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Advocate Kavita Gade

Adv. Kavita Gade

LawRatoMumbai | 5+ Answers
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Answer #4
842 votes
kindly provide me details in which place you are residing. In metropolitan areas like Pune Mumbai there are delays in passing orders due to heavy matters. if you could provide me details I would be able to help you properly
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Advocate Madhura Athalye

Adv. Madhura Athalye

LawRatoPune | 5+ Answers
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Answer #5
543 votes
The family court has no jurisdiction for the domestic violence act.... in divorce petition before the family court you can file an interim relief maintenance petition ... you can permission to withdraw domestic violence petition from the family court subject wrong jurisdiction and to file fresh domestic violence petition before proper court...
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Advocate Rajesh Ramprasad Jaiswal

Adv. Rajesh Ramprasad Jaiswal

LawRatoBuldhana | 5+ Answers
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