Query on Case(Suit) Technicalities or procedural question!

Querist : Anonymous (Querist) 27 March 2010 This query is : Resolved
Que.1.Their was 6+ yrs desertion between wife and husband , Husband filed Suit for Divorce and wife filed counter affidavit and ask for maintenance u/s24 of HMA, 3 hearings have expired and now Husband want to withdraw the case without out any settlement in such a scenario what would be the fate of wifes Maintenance as that was an counter affidavit to divorce case, now that main suit is withdrawn what next to counter u/s 24HMA?

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Adv.Aiyer VLV (Expert) 27 March 2010
desertion is never b/w. either she or he deserted. who deserted whom?

if, she deserted without valid reason under HAMA Act, she may not be eligible for maintenance

she can file a maintenance case separately or if court is pleased continue same proceedings, but ensure court fee issue is sorted out.

she can also ask for restitution of conjugal right, if she did not desert him

yogesh bawiskar (Expert) 27 March 2010
i agree with prof.vlv sir

G. ARAVINTHAN (Expert) 28 March 2010
Maintenance is a different thing. The wife can approach the window of the Justice by filing separate maintenance application

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