maintenance u/s 24 after withdrawl of divorce case
aisha
(Querist) 22 November 2009
This query is : Resolved
My husband filed a divorce case in march2006 . i filed for maint u/ s 24 and judge awarded less amount. My husband started paying me the amount and i also filed appeal in high court for enhancement and in sep 2008 high court judge passed order that adj should reconsider my case and maintenace should be given keeping in mind the income of husband not the minimum amount. The very next day my husband filed application to with draw the divorce case and the case was dismissed withdrawn in oct 2008.
Now my question is
1. Can i get my maintance reconsidered for the period divorce case was pending as it is clear that i would have got the maintence for that period if case had not been withdrawn
2. my husband played trick what else can be done as he simply escaped himself from paying hfty amouht as case was pending for almost 31 months. And hihg court had remanded back the case
dhiraj choudhary
(Expert) 22 November 2009
yes u r very much entitled for maintanence for the period u defended divorce case filed agianst u as the law provides for maintence pendenti lite n expenses of proceedings( sec.30 of j and k hindu marriage act)which means that u r entitled to maintence till the litigation is pending.no doubt ur husband has tried to play a trick by withdrawing the divorce petition but he can no escape from paying maintence provided u should be able to argue ur case very wel
Raj Kumar Makkad
(Expert) 22 November 2009
When the main petition has been dismissed as withdrawn then your application/petition filed therein seems to be gone but you will have to file a separate petition seeking execution of HC order against your husband, the remedy is only execution and not otherwise because the file of the case might have been consigned in the record room after its withdrawal.
dhiraj choudhary
(Expert) 22 November 2009
she is entitled for maintence till the pendency of divorce petition n the law is very clear on this point
Devajyoti Barman
(Expert) 22 November 2009
Since the High Court has directed the trial court to reconsider the amount afresh you would be entitled to the benefit of the order either from the date of the earlier order or from the date of filing of the alimony petition or the divorce suit if the court so directs. Please note that in accordance with the plethora of decisions the dismissal of the divorce suit on the ground of withdrawn or for default has nothing to do with the alimony petition . So you can safely proceed to move that alimony petition if not already dismissed or else file a petition to revive the same.
