Can a rabbinical court refuse to strike out a plea for a wife’s maintenance which she herself filed – and then asked to be struck out?By: דיאנה שאלתיאל•Published on: 16 May, 2022
No! The rabbinical court cannot refuse to wife out a plea filed by a wife, herself, for her own maintenance at any stage in the proceedings, if she requests it, but especially when no defence has even been filed. Furthermore, even if the husband objects this is irrelevant – where the wife filed the plea and asks for it to be struck out. However, sometimes, despite all this, the rabbinical court does not rush to strike out a plea, or close the file, so that jurisdiction remains with it. The husband – the defendant – may object to the withdrawal of the plea/closure of the file, to try and preserve jurisdiction at the rabbinical court.