Sir how to withdraw a maintenance case after the case is disposed of? My Aunt doesn’t want any maintenance so she wants to withdraw the case and file for mutual divorce since her husband has agreed to it.
To withdraw a maintenance case after it has been disposed of, your aunt will need to file an application for withdrawal in the court where the case was heard. She should also mention the reason for withdrawing the case, such as her agreement with her husband for a mutual divorce.
The court may then consider her request and either grant or deny the withdrawal. If she wants to get divorce by mutual consent she has to file a suit under Section 13B of the Hindu Marriage Act. She doesn’t want alimony, therefore, she has the right to surrender the maintenance but only after the decision of the mutual consent divorce.
If she waives her right to maintenance at this stage, her husband may nor proceed in the mutual consent divorce or he may create hurdles. Therefore, she should not withdraw the maintenance until the pronouncement of decree in the divorce case.
At the second motion in the mutual divorce case, she should sign a compromise deed and waive her right to alimony. After pronouncement of decree of divorce, she should move a petition in the court, which has passed the order of maintenance, for the cancellation or modification of order.
If she is receiving maintenance under Section 125 of the code of criminal procedure (crpc), she should move an application under Section 127 crpc for the modification of order. In that application she can pray the court to cancel the order of maintenance in accordance with the decree of mutual consent divorce.
