When main Suit disposed can the I.A. be maintainable

Querist : Anonymous (Querist) 11 April 2011 This query is : Resolved
Wife filed suit for RCR. When the suit was pending she filed an I.A seeking maintenance. Later a compromise was brought out based on which wife went to live with his husband as such the Suit was disposed. Later the wife parted way with her husband again and now she has obtained an order under the earlier I.A.for maintenance and has brought out E.P based on the same. When Original Suit has been disposed , is it lawful to bring out the E.P based on the order passed in I.A in the disposed suit?

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Devajyoti Barman (Expert) 11 April 2011
No, once the main suit has been finally disposed off, without its restoration the IA can not be allowed though however the wife claim afresh for her maintenance.

Parveen Kr. Aggarwal (Expert) 11 April 2011
The I.A. seems to have been filed for maintenance pendente lite and expenses of litigation. After decision of the main petition, such application cannot be proceeded with especially when the main petition was decided on the basis of compromise. The order so passed in I.A. can be challenged before the higher court and stay of proceedings in E.P. can be prayed for.

G. ARAVINTHAN (Expert) 11 April 2011
Whether compromise was recorded in court or not?

Advocate Bhartesh goyal (Expert) 12 April 2011
No,After the disposal of main suit I.A can not be proceeded.

Querist : Anonymous (Querist) 12 April 2011
Dear Mr. Aravinthan, the compromise was recorded in the court, both the parties endorsed the compromise and the suit was disposed after that. I thank you all for giving your opinion

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