Interim maint under sec 24 of HMA is ordered to wife. 7k per month (hearing went on for 6 months)
Husband literally within 7 days files all sorts of applications to ..
1) To "reduce amount" due to "change of circumstances", concealment of facts like 'other income' by wife.
2) Also claims to be jobless since 3 days of filing above ....
3) Also files for Stay of Execution of Interim maint (which is pending since then i.e. last 8 months or so)
Wife presses for the arrears to be paid before any of the above is takken for hearing.
Court compels the husband to pay arrears
Husband pays all arrears within 2 months i.e. around 54k since the date of application.
But husband also files for restitution of amount vide sec 144 of CPC claiming that he has been made to shell out the money even though he has been 'jobless' ... as he was wary that his applications will not heard.
Husband also files for maint from wife under sec 24 of HMA.
Since above, again there is lapse of around 8 months.
My Question is: Can wife again halt the above proceedings to get the arrears accrued since payment of 54k? ....
Wife's contention is that even though Husband did clrear the arrears while filing above applications, Hearing on above applications including 'stay of execution' is not disposed off and no such order of stay has ever been passed!!! So Husband should be made to keep paying until the 'stay application' is decided.
Husband has taken the stand that 'this issue can't be raised again by wife until his applications are decided ..... else this would become a perpetual harrasement .... !!! and res judicata also applies' .....
Husband has taken the stand that .............. Husband can't be blamed for delays in hearing and long hearing dates intervals and this is an equitable remedy.
Only Question that he was liable to answer at the time of filing his application was: Are there any arrears on his part at the time of filing above applications?
Please advise ... whether wife's stand is legally correct or not?
Don't you think that above prolonged hearing has caused injustice to wife?
My understanding is that......... ....Irrespective of the merits of the case .... once wife is awarded the interim maint relief, other party is legally duty bound to keep paying untill he manages to get the 'stay order' on it.
He can't blame that "it is the wife who is not allowing to progress the hearing of above applications", without any material proofs about his allegations!!!!
Please advise.
