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Vidya (na)     31 October 2014

Claim of interim maintenance at higher courts

Sir,

If a respondent wife's divorce case is defeated in family court and if the respondent wife appeals in higher court, what happens to interim maintenance ? When we appeal in higher court, can we again put a petition for interim maintenance & will it be awarded ? Also, after family court which courts next ? The husband is a central govt. employee & draws annually nearly 15 lakhs. Also, if 7th pay commission is approved, then can unemployed  wife who is receiving interim maintenance ask for higher interim maintenance ?

Thank you.




Learning

 3 Replies


(Guest)

You have not stated why the divorce petition was dismissed, in that case you can always approach HC with same divorce petition,. 

You have not stated whether the application for maintenance was dismissed in the lower court ie the family court or not.  So its difficult to advice you properly on this query.


If that be the case, you can go for appeal in such case to HC, asking for maintenance and also divorce.  HC will look into the facts of the case, and decide whether wife really needs maintenance or not, if she has willfully deserted husband, then no maintenance is awarded at all, no use approaching HC if that is the case.  Even the HC will look into why the divorce petition was  dismissed in the first place.  


Usually when lower court has dismissed divorce petition/maintenance application of wife, it wont be honored in HC.  


Please come up with other details as to why divorce petition/maintenance application was dismissed in the first place. 

Adv k . mahesh (advocate)     31 October 2014

first the divorce case was dismissed what is in the order that only divorce is dismissed or the other petition filed for maintenance is also dismissed because normally when maintenance is ordered then in final judgement it clearly mentions about the same to be continued or to be stopped and if the reason can be challenged then going to high court will do you a favour and you have to file within a limitation period

hooney (hold)     01 November 2014

respondent wife's
 wnt to say tht r u petitioner & ur hubby is respondent. pl. clarify


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