Lawyer Asking Me To Withdraw Maintenance And Residence Applications

Please do not withdraw your existing case until we understand exactly what is being proposed. Under Section 26 of the Protection of Women from Domestic Violence Act, reliefs such as protection, residence and monetary relief can also be sought in proceedings before a Family Court or other competent court. The DV Act itself is not limited to one particular forum. Section 26(2) also permits such reliefs in addition to other reliefs. Since your present case is already pending and you are unemployed, withdrawing it without first securing an appropriate alternative could prejudice your position or cause further delay. We should first obtain the complete case papers and understand why your present advocate wants the withdrawal and what exactly the proposed new case will seek. Before signing any withdrawal memo, ask your advocate: Why should the present case be withdrawn? Under which provision will the new case be filed? Which court will have jurisdiction? What happens to the reliefs already claimed for maintenance and residence? Will the new proceeding seek the same reliefs? Will there be any objection because the same reliefs are already pending? Will the period already spent in the present case be lost? Can an interim maintenance/residence order be sought in the existing proceeding instead? Do not withdraw anything until these questions are answered and the proposed new case is examined

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