When maintainence will be cancelled

Question

When maintainence will be cancelled

06-Apr-2023 (In Divorce Law)

Hi,My divorce case got dismissed due to reason I agreed to take back my wife and even my wife ready to come back to family.But without coming back she filed Maintenance case. Now Can ask for cancellation of MC siting the same reason that I am ready to take my wife back.

Answers (3)

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Advocate Anil Kumar LawRato · Accepted Answer · 2021-04-06T20:48:55+05:30

Answer #1

yes you can show to the court that the divorce case was settled and she was also ready to come to join the family and now just to harass you she has filed for maintenance eveb though you were both ready to live together

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Adv. Anil Kumar Adv. Anil Kumar

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Advocate Hemavathi A. V. LawRato · Accepted Answer · 2021-04-08T12:50:42+05:30

Answer #2

yah but u have to proove your version in the court as u were ready to take back your wife in divorce case as well as she was also agreed but with out your notice she filed a maintainance case so that you can seek for cancellation as well as you have to proove your capacity to maintain your wife

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Adv. Hemavathi A. V. Adv. Hemavathi A. V.

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LawRato LawRato · Accepted Answer · 2021-04-20T07:51:26+05:30

Answer #3

There cannot be a cancellation of MC since you said the MC (divorce) case got dismissed. Did you settle the MC case in the mediation center? If you did the settlement in writing, then she is bound to return. If she is not willing, you can file an Execution case for the MC that there is settlement and she is not following it. If there is no Settlement Agreement, then you can try to reopen the case, or you can contest the maintenance case itself or you can file a case for restitution of conjugal rights if you want her to return.

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