Query about section 24 interim maintenance
Guest
(Querist) 03 April 2013
This query is : Resolved
Dear sirs/Madam!
As posted previously,I have a divorce case under cruelty in the sessions court filed in 2011.My wife filed interim maintenance case under section 24 in December,2011 and was awarded 15000 and arrears of 2 lakhs which I paid.Subsequently they appealed the maintenance judgement and the High Court is hearing the case.
Questions:
1)If the original divorce case in the sessions court gets over(it`s likely to finish in six months)then do I stop paying any interim maintenance till they file another case for maintenance?
2)If the divorce case(based on cruelty) gets over and either party goes on appeal in the High Courts and the judge awards an increased maintenance amount payable to them(say 25000),do I still have to pay arrears from the original filing date of section 24 in December,2011 or does it all start new as this is a new case?
Many thanks for your views.
ajay sethi
(Expert) 03 April 2013
divorce cases has to be filed in family court how in sessions court?
divorce case wont get disposed of in 6 months if wife is contesting it may take years .
you have to continue paying interim maintenance till further orders .
Adv k . mahesh
(Expert) 03 April 2013
the court will decide about paying of maintenance even after divorce is granted
if you have children then you have to pay
from the date of high court order you have to pay the enhanced maintenance but other side in there prayer if they ask from the order of lower court means you have to pay arrears also
Guest
(Querist) 03 April 2013
Thank a lot sirs!I have no children and am prepared to pay Interim Maintenance till the case is over.The case is filed in 2011,so it`s almost 2 years since the case filed.They only filed for Interim Maintenance in December 2011.That`s why I said possibly 6 months to a year left.
Just to clarify sir.If the divorce case is on appeal in the High Court(as both parties are likely to appeal the Lower Court verdict,depending on which way it goes) and the High Court judge awards new Interim Maintenance.If it`s higher than the previous one,they can still ask me to pay arrears from December 2011?
Devajyoti Barman
(Expert) 03 April 2013
1. The alimony after passing of decree depends upon the order of court.
2. Increase of alimony comes into effect from the date of subsequent order.
Guest
(Querist) 03 April 2013
Thank you sir...Much appreciated.
V R SHROFF
(Expert) 03 April 2013
In case you withdraw Div Petition, Interim Award also be stopped, As this is Mtn pending litigation , Litgn that u started.
It will continue till final decision [ Say in SC after 25 years?? ]
I hope u understand what I mean..
Guest
(Querist) 03 April 2013
Thank you sir...But if I withdraw my divorce case and if they file another case for maintenance(either section 24 or crpc 125),then do they get maintenance from the date of filing their new maintenance case or arrears from the date of filing the first interim maintenance case in December,2011?
Devajyoti Barman
(Expert) 03 April 2013
Even if you withdraw the application u/s 24 HMA would continue. Withdrawal of divorce suit is of no help.
Raj Kumar Makkad
(Expert) 03 April 2013
No more to add as all aspects of the query already stand discussed.
Guest
(Querist) 03 April 2013
So even if I withdraw the divorce case,I continue to pay interim maintenance under section 24 and the appeal in High Courts regards Maintenance will continue regardless of whether the main case is withdrawn or not.Thank you sirs.
Raj Kumar Makkad
(Expert) 06 April 2013
The payment of maintenance under section 24 shall remain only the life of the petition and you need not to pay under this head even a single penny after the decision of the petition. A fresh application can be moved before high court in case of the appeal.
Guest
(Querist) 06 April 2013
Thank you sir...My question is if the current divorce case in lower courts is over and fresh section 24 is filed in the High Court on appeal.If the High Court grants increased maintenance amount,is it from the date of order or backdated to December 2011 when the original section 24 case was filed.I am sorry to persevere on this point sir.
Adv. Chandrasekhar
(Expert) 06 April 2013
1)If the original divorce case in the sessions court gets over(it`s likely to finish in six months)then do I stop paying any interim maintenance till they file another case for maintenance?
Yes. Once decree is passed or case is dismissed the effects of S.24 will be over and you need not pay from the date of decree under S.24. But, if decree is granted, she can seek maintenance under S.25 of HMA or S.125 Cr.P.C. or S.18 HAMA.
2)If the divorce case(based on cruelty) gets over and either party goes on appeal in the High Courts and the judge awards an increased maintenance amount payable to them(say 25000),do I still have to pay arrears from the original filing date of section 24 in December,2011 or does it all start new as this is a new case?
A) If her maintenance appeal is allowed by H.C., the H.C. by exercising its discretionary power will fix the date from which the enhanced amount shall be applicable. It may be (a) from the date of H.C. order or (b) from the date of trial court order or (c) from the date of filing of the application under S.24 by the wife in the trial court. Generally the court will opt for second option, but it has discretionary power to opt any one of the three above. But it cannot extend this benefit beyond the date, when trial court disposed the main divorce case itself.
If the result of divorce case will be challenged by any one of the parties at a later date in H.C., then a fresh S.24 application lies in the appeal. It will be decided by the High Court at the first instance before deciding the fate of the appeal. Again the effective date of maintenance in this instant will be either from the date of application or from the date of order and most likely the court will opt for the former.
Guest
(Querist) 06 April 2013
Thank you very much learned sirs...that`s completely cleared my doubts...Much appreciated
prabhakar singh
(Expert) 06 April 2013
I also thank experts for they have discussed
it to all length and breadth.
