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chandra prakash (ASST.)     24 June 2013

Maintenance on pro rata basis

HUSBAND FILED A PETITION FOR DIVORCE IN 2003. THE PROCEEDINGS WERE GOING ON, ORDERS u/s 24 FOR 3000 PER MONTH AND 1000 FOR LEGAL EXP. WERE GIVEN AND WHEN THE ISSUES WERE FRAMED, HE WITHDREW THE PETITION, THE COURT ALLOWED THE APPLICATION TO WITHDRAW THE PETITION  AND PERMITTED TO FILE A NEW CASE ONLY IF HE PAYS THE DUE AMOUNT IN FULL. THEN THE AMOUNT WAS DUE FOR 5 MNTHS AND 15 DAYS. HE PAID FOR FIVE MONTHS RS. 16000/- ONLY, BUT HE FORGOT TO PAY FOR 15 DAYS  AND AFTER SIX MONTHS HE FILED A FRESH PETITION. IT HAS BEEN SEVEN YEARS NOW AND THE CASE IS IN FINAL STAGE. NOW THE NON-PETITIONER IS ARGUING THAT THE PETITION SHOULD BE DISMISSED SINCE HE EARLIER DID NOT PAY THE BALANCE AMOUNT FOR 15 DAYS. CAN THE PETITION BE DISMISSED ? ANY SUGGESTIONS ?????

REGDS,



Learning

 3 Replies

2BHelpfull (Other)     25 June 2013

objection to current petition is not maintainable and the opposite party has to right to claim remaining maintainous amt (of 15 days) on earlier petition by opening the earlier petition if it is not bar by Limitation.

1 Like

Lata Lochav (professional)     25 June 2013

Such objections should be raised at the first instance when the case was instituted, not at this stage. However claim for 15 days still exist, provided limitation period is not lapsed.

1 Like

Adv k . mahesh (advocate)     26 June 2013

there is no problem if the court orders then you can pay the 15 days balance even now and settle the on going issue without any problem and if the matter is dismissed then all this years struggle will be in vain 


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