about maintenance
bharat jeevan uday
(Querist) 14 June 2016
This query is : Resolved
respected sir,
my wife has been awarded interim maintenance @15000 per month in noida court from Jan 2015.I filed divorce petition in Delhi court in Jan 2016 and the judge continued the same order of 15000 of noida court as section 24 pendelite saying no multiple maintenance .
She didn't appear in noida court for three dates and the case there is dismissed as ex party as the case is on deciding stage of the final monthly maintenance. She also filed execution of 125 as I have not deposited the full maintenance.This case is also dismissed ex party she didn't appear.
Now she is seeking for relief in Delhi as the judge in Delhi continued the same order of noida court of interim maintenance as pendelite. I withdraw divorce petition in June but Delhi court follows the order of noida court from start of my divorce petition ie january2016.
Now my question is that whether I have to pay 15000 from January 2016 in Delhi court as I withdraw my divorce petition as I don't want to continue , the Delhi court followed the order of noida court and the case and execution of 125 was dismissed at noida and I also withdraw divorce petition in Delhi.
she applied for execution of sec 24 order ie same 15000 from Jan 2016 ( same order followed by Delhi court) but my lawyer said she cannot go for execution as the order was of noida court which is followed by Delhi court saying no multiple maintenance as the case and execution of 125 are dismissed there at noida and the order of Delhi court of 15000 are done on the basis of sec 125 which is dismissed as ex party at noida.
plz guide
regards
Devajyoti Barman
(Expert) 15 June 2016
The order of maintenance granted in divorce suit will remain operation from the date when the order was out into effect till the date when the suit was withdrawn.
Rajendra K Goyal
(Expert) 15 June 2016
Full case file and orders of court need to be referred, discuss with your lawyer.
P. Venu
(Expert) 15 June 2016
What is the opinion of your lawyer?
Dr J C Vashista
(Expert) 16 June 2016
Your query is full of contradictions and confused.
How an application u/s 24 HMA can be admitted/ entertained/ decided for interim maintenance without main petition (such as u/s 9 or 12 or 13 HMA) pending before the Noida family court?
Whatsoever, interim application u/s 24 HMA is inapplicable if your wife has filed u/s 125 Cr PC.
You have moved to Delhi Family Court for divorce, where no such application was filed but the orders passed by Noida Court was accepted and Family Court Delhi has directed you to make payment as directed by Noida Court, how it is possible?
You are required to show complete case file to an able and prudent local (Delhi/Noida as convenient to you) lawyer for proper appreciation of facts of the case(s) filed, dismissed-in-default, withdrawn and guidance.
If you feel you may contact me personally with full case file(s).
Dr. J C Vashista, Advocate
Cell # 9891152939
bharat jeevan uday
(Querist) 16 June 2016
dear sir thanx for the guidance
but in this whole chapter sec 125 was filed by my wife at noida court and interim is allowed@ 15000. I filed for divorce in Delhi and her demand for sec 24 was taken over by the order of noida court the judge said no multiple maintenance at Delhi and the same order of noida be complied.She didn't attend noise court and the case of 125 and it's execution dismissed as ex party. Now she come to Delhi demanding the compliance of Delhi order which is actually order of noida court of R's 15000 . Now she is filing for execution of compliance in Delhi court as she failed execution of interim sec 125 dismissed in noida. does her application be entertained as Delhi court only follows order of noise court which is dismissed due to non attending as ex parte . Do I have to money here in Delhi as I deposited only a small amount in interim 125 at noise.
please guide dear sir
bharat jeevan uday
(Querist) 18 June 2016
dear sir thanx for the guidance but in this whole chapter sec 125 was filed by my wife at noida court and interim is allowed@ 15000. I filed for divorce in Delhi and her demand for sec 24 was taken over by the order of noida court the judge said no multiple maintenance at Delhi and the same order of noida be complied.She didn't attend noise court and the case of 125 and it's execution dismissed as ex party. Now she come to Delhi demanding the compliance of Delhi order which is actually order of noida court of R's 15000 . Now she is filing for execution of compliance in Delhi court as she failed execution of interim sec 125 dismissed in noida. does her application be entertained as Delhi court only follows order of noida court which is dismissed due to non attending as ex parte . Do I have to money here in Delhi as I deposited only a small amount in interim 125 at noida. please guide dear sir
bharat jeevan uday
(Querist) 18 June 2016
dear sir thanx for the guidance but in this whole chapter sec 125 was filed by my wife at noida court and interim is allowed@ 15000. I filed for divorce in Delhi and her demand for sec 24 was taken over by the order of noida court the judge said no multiple maintenance at Delhi and the same order of noida be complied.She didn't attend noise court and the case of 125 and it's execution dismissed as ex party. Now she come to Delhi demanding the compliance of Delhi order which is actually order of noida court of R's 15000 . Now she is filing for execution of compliance in Delhi court as she failed execution of interim sec 125 dismissed in noida. does her application be entertained as Delhi court only follows order of noida court which is dismissed due to non attending as ex parte . Do I have to money here in Delhi as I deposited only a small amount in interim 125 at noida. please guide dear sir
dr g balakrishnan
(Expert) 05 November 2016
dear young man, you have to pay maintenance, just because you filed divorce petition, besides till divorce case is settled , you have to pay maintenance is sound common sense.
once for a few months sustain the maintenance by paying and strike a mutual deal to live as a family then she might accept 'No divorce' position.
Life is not that easy after divorce; again you want to marry and it is kike known 'devil' is better than unknown angell think and resolve yourself.
Rajendra K Goyal
(Expert) 06 November 2016
You have not mentioned, what are the views of your lawyer.
