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UT (a)     27 July 2011

340 Maintainability

I had filed sec 9 in nov 07
 
 Section 24 came in july 08
 
Section 24 decree was passed in June 2010 she was awarded for her advocate fee & monthly maint.
 
I filed RTI to CBSE 0n 3rd Dec 2010
 
CBSE forwarded RTI to her School on 9th Dec 2010 which reached at school on 13th Dec.2010 & i also got a copy of same.
 
 She had filed 151 stating that she is working and do not want maintenance. by 23 dec 10 (after coming to know about my RTI at her school)
 
 I had filed 340 in March 2010  based on  1-       She mentioned in 24 that she is not working & after that in her rejoinder on oath she claimed that she is not working.


 2- She had given adjournment application that she is not well and not able to attend court but as per her attendance record she was present all 7 times at her school)

 
i had given application to withdraw my section 9 in apr 2010
 
 Today she had filed her objection in 340 stating that after withdrawal of my sec-9, 340 is not maintainable and not given any other proper replie.
 
 

 My Query is :


1.         Is 340 is not maintainable after withdrawal of section -9, as she already got a
 decree of section 24 and I had paid upto 12 month in that.

 

2.         If I file divorce then what cases of maintenance she may do again.



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