Can husband withdraw divorce petition if he doesn't want to pay alimony Can husband withdraw divorce petition if he doesn't want to pay alimony

3 years ago

I filed a divorce petition and wife replied demanding an outrageous amount of 50 lakh INR for marriage expenses and towards alimony. But I can not pay that amount. I still do not want to live with my wife. Can I withdraw my divorce petition and stop court proceedings? Will court still order me to pay her 50 lakhs even after I withdraw my divorce petition?

Periyamuthu Asai

Responded 3 years ago

A.Yes you withdraw the divorce petition then you file RCR petition for court not demanding to you to pay permanent alimony
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JITENDRA PRATAP SINGH

Responded 3 years ago

A.Your earrings and payment capacity under observation of court . if your relevant evidence will provide it's easy and simple , even no body compel you for payment even if you can't have earrings source and brief description of Legal opinion you can contact vidhikarya for legal opinion
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Advocate Niyas Fazal A

Responded 3 years ago

A.You can withdraw but it will affect you.
No chance to grant 50 lakh it very huge amount and that is their claims.
Do don't worry the court will grant only a reasonable amount.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You can state your grievances to the Court, they will not force you to pay an amount which is beyond your capability. You can withdraw your divorce petition, but se will still be entitled to claim maintenance from you.
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Anik

Responded 3 years ago

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A.Hi,
The Court looks into your assets and earning capacity before determining the settlement amount, they will not compel you to pay an amount you are unable to pay. You can express these concerns to the Judge during the hearings.
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Sanjay Kumar Jha

Responded 3 years ago

A.Dear client,
Court would not pass any order beyound the reasonable capacity of spouse to as per his earning, only based on his own earning. No matter what she is demanding.
Allimony must be based on reasonable evidence to pay.
Jene, it it is not that what ur wife demand ing shakl be de termine by court in toto.
Thanks
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Meenakshi Periyahkaruppan

Responded 3 years ago

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A.Court will not give the judgement , Whatever either party demands, it pronounces Judgement based on evidences, arguments of both sides. So if you argue your stand along with proper evidences and argument then judgement maybe in your favour...
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