Sec 28a hma

Querist : Anonymous (Querist) 01 November 2011 This query is : Resolved
if interim maintennace granted to wife and husband on appeal got decree reversed and got decree of divorce on ground of adultery.can court restore already given maintenance to wife or just stop further to be given maintenance.which relief or any other relief can be given to husband.
pls advise me

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Ravikant Soni (Expert) 01 November 2011
Follow the provisions of section 144 of CPC.

kuldeep kumar (Expert) 01 November 2011
already given maintenance may not be restored but further maintenance may be stopped.

Sanjeevappa. L (Expert) 01 November 2011
I agree with kuldeep Kumar.

Raj Kumar Makkad (Expert) 01 November 2011
Definitely such divorcee wife is not entitled for any future maintenance but there is no legal provision to recover past paid maintenance allowance.

Sailesh Kumar Shah (Expert) 01 November 2011
Law doesn't provide such provision to recover past paid maintenance, No need to pay maintenance in future.

prabhakar singh (Expert) 02 November 2011
all opined rightly.

Shonee Kapoor (Expert) 02 November 2011
I differ with experts, Calcutta DB has granted maintenance to the wife even when husband got divorce on grounds of adultery.

Though the same may vary from situation to situation but there is no bar of getting maintenance after decree of divorce on grant of maintenance.

Remember CrPC 125 refuses maintenance to women "living in adultery" and not just a single instance of adultery.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Arun Kumar Bhagat (Expert) 06 November 2011
The point raised by Mr. Kapoor requires serious introspection.

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