Maintenance
sowmya
(Querist) 07 February 2017
This query is : Resolved
Respected Learned Members of the forum
I would like to understand the difference between a maintenance petition being filed as a M.C. u/s 125 crpc to the main O.P. in matrimonial cases u/s 13 of HMA
and
as a
I.A. to the main O.P. in matrimonial cases u/s 13 of HMA
In the event of the O.P. getting dismissed or withdrawn by the petitioner, will the maintenance case filed by the other party (wife) - also be null if it is filed as M.C. or I.A. ?
Thanks for your advise.
R.K Nanda
(Expert) 07 February 2017
state real facts, if any, otherwise academic query.
Ms.Usha Kapoor
(Expert) 08 February 2017
Academic query. state any real facts.
Rajendra K Goyal
(Expert) 08 February 2017
Academic query.
State material facts of the problem if any.
How are you concerned / related with the query?
Looks like examination question.
P. Venu
(Expert) 08 February 2017
Please state the material facts.
Ms.Usha Kapoor
(Expert) 09 February 2017
ACADEMIC QUERY.PLEASE STATE ANY REAL FACTS.
sowmya
(Querist) 09 February 2017
Respected learned members,
Thanks for the response. i just logged in to the site, hence the delay.
The real facts are as follows :
Original OP u/s 13 of hma has been filed by husband in the year 2009
wife files maintenance in the year 2013 u/s 125 crpc
both the cases are in the same court
neither the op nor the maintenance has been heard / moved
the initial case dates back to 7 years in time.
the husband's side has been talking about getting the case dismissed from the family court - that is the OP filed in he year 2009 and filing it in the high court.
this is the circumstance / scenario.
How i am concerned is - i am the respondent to the OP and petitioner in the MC
Q1. In the event of the O.P. getting dismissed or withdrawn by the petitioner, will the maintenance case filed by the other party (wife) -which is filed as MC become null ?
Q2. under what circumstance can the petitioner of a divorce proceeding withdraw his own case from the hon'ble family court and take it to the hon'ble high court ?
Much thanks for your valuable time.
sowmya
(Querist) 17 February 2017
Could any of the members please give their advise on this ? thanks
sowmya
(Querist) 05 March 2017
Original OP u/s 13 of hma has been filed by husband in the year 2009
wife files maintenance in the year 2013 u/s 125 crpc
both the cases are in the same court
neither the op nor the maintenance has been heard / moved
the initial case dates back to 7 years in time.
the husband's side has been talking about getting the case dismissed from the family court - that is the OP filed in he year 2009 and filing it in the high court.
this is the circumstance / scenario.
How i am concerned is - i am the respondent to the OP and petitioner in the MC
Q1. In the event of the O.P. getting dismissed or withdrawn by the petitioner, will the maintenance case filed by the other party (wife) -which is filed as MC become null ?
Q2. under what circumstance can the petitioner of a divorce proceeding withdraw his own case from the hon'ble family court and take it to the hon'ble high court ?
Much thanks for your valuable time.
sowmya
(Querist) 05 March 2017
Query is still open.
