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Durgal (Student)     15 July 2011

Consequences of Non payment of Interim Maitenance ordered

Dear all, can  any1 pls help me with my citations where the husband who is the petitioner in Divorce petition fails to pay interim maitenanc ordered u/s 24 HMA, and the husband/petitioners defence is struck off and divorce petition dismissed. in our case the petitioner/husband has not paid the maintenance for last three years.



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 3 Replies

Durgal (Student)     15 July 2011

Dear all, can any1  pls help me with some citations where the husband who is the petitioner in Divorce petition fails to pay interim maitenanc ordered u/s 24 HMA, and the husband/petitioners defence is struck off and divorce petition dismissed.

Jamai Of Law (propra)     15 July 2011

Who's defense are you talking about?

 

 

 

If the husband is the Petitioner in the main suit for divorce under HMA  .... and also happens to be JD of interim maintenance order under sec 24 and then doesn't comply to pay.

 

 

 

Then most probably his suit /plea is liable to be stayed .... suit proceedings are stayed .................. until the husband gets it set aside or complies to the interim order ............... on application of wife.

 

 

 

But His plea doesn't get struck off or vitiated.............. "Cruelty" (or any other ground also for that matter) is not something which can be squared off!!!

 

 

Durgal (Student)     16 July 2011

But sir, it is well settled principle of law, that when petitioner is not obey the orders passed by the court it means he is not coming to the court with clean hands, hence is not entitled for any relief much less divorce.


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