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Victor   06 March 2018

How to challenge and Awarded Interim maintenance under section 24

Hello - if i withdraw divorce petition what will happen to section 24 maintenance order. do i have to pay according to 24 order, even if i withdraw divorce case.

I am trying to know is there is any possibility if a Husband cancels the Divorce case is that leads to cancel the Interim Maintenace case jusdgement also.

Requesting you to please reply with all the possible details



Learning

 9 Replies

Vijay Raj Mahajan (Advocate)     06 March 2018

Even if you withdraw divorce petition you will have to pay maintenance granted to wife u/s 24 HMA till the date you main petition was pending and not withdrawn. Recovery of maintenance due by filling execution application exists with wife.
1 Like

Victor   06 March 2018

Hello Sir - I am unable to understand your point, could you please elobrate and give me some more details.

My apologies for your inconvinence, please help with your support.

Kumar Doab (FIN)     06 March 2018

You can benefit from above advise..

IT is good that both spouses are ending all marital disputes..

Victor   06 March 2018

Hello - If i withdraw divorce petition what will happen to section 24 maintenance order. do i have to pay according to 24 order, even if i withdraw divorce case. I am trying to know is there is any possibility if a Husband cancels the Divorce case is that leads to cancel the Interim Maintenace case jusdgement also. Requesting you to please reply with all the possible details.

Requesting you to please reply with possible options with details.
 

Adv Radhika Mehta (Advocate)     07 March 2018

Mr Mahajan has already rightly answered your query.  To simplify it further, if you withdraw your Divorce Petition, the maintenance order does not continue further.  However till the date you withdraw your Petition, you will have to pay the maintenance awarded i.e. from the date of her Application or order, whichever the order specifies, till the date of withdrawl- those arrears will have to be paid by you. 

Victor   08 March 2018

Hello Radhika Madam - Thanks for your response, but in case I am not paying the arrears to her, what are the complications or challenges I will have to face. What are the things she can do, as she is a FRAUD  lady and her only intension is to make money from me to support her brothers and mother family members.

Request you to please reply with details, I would appreciate your time and support.

Looking forward to hear from you soon.

Thanks,

 

Victor   09 March 2018

Hello Experts - Requesting you all to please be kind enough and reply my queries with details.

 

 

Adv Radhika Mehta (Advocate)     09 March 2018

Originally posted by : Victor
Hello Radhika Madam - Thanks for your response, but in case I am not paying the arrears to her, what are the complications or challenges I will have to face. What are the things she can do, as she is a FRAUD  lady and her only intension is to make money from me to support her brothers and mother family members.

Request you to please reply with details, I would appreciate your time and support.

Looking forward to hear from you soon.

Thanks,

 

She can file an Execution Application, seeking your arrest,  attachment of your properties etc. 

Victor   09 March 2018

Hello Radhika Madam - If I withdraw my Divorce Case and pay all the interim maintenance case arriers amount, after that still the Interim Maintenace case will continued or it will be stopped.

As I have filed the Divorce Case, do I need to take my wife concent for withdrawing the case or I can withdraw by own. Is Court will force me to continue or fine some penalty on me.

How much time it takes to complete the withdrawal process.

 

Please help me with valuable time and response.

 


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