Legal Question in Family Law in India
I filed divorce petition against my wife on the ground of �physical cruelty, mental cruelty & deserting of husband�after that she filed case against me U/s 24 as (Pendente Lite the cost of litigation expenses & maintenance charge) and U/S 125(maintenance charge). But in her final written statement she finally mentioned that she will not divorce me, she wants to stay separately ie her parents house & requires maintenance and wants contested the case. In this regard, my lawyer says to me for withdrawal of the divorce case, because my wife is not wanting divorce me. Lawyer says to me if I withdraw the divorce case then Pendente Lite the cost of litigation expenses & maintenance charge u/s 24 will be stop. He wants to say without my wife�s signature I will not get divorce until she wants. But I want divorce her, bcoz it is not possible to live together. On the other hand, the maintenance charge u/s 125 is under process in court. Now, I want to know if I withdraw the divorce case then what type of problem myself have to face? Can my wife file 498A? or what type of other cases can she file? We have been living separately since 25.08.2012. Please let me know in details. Please help. The next hearing is fixed on 03.05.2014.
1 Answer from Attorneys
Even if you withdraw, you will remain liable to pay her the maintenance. It may be better to avoid litigation and reach a mutual settlement at least for maintenance purposes.
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