Stopping of interim maintenance under section 24
Querist :
Anonymous
(Querist) 14 July 2023
This query is : Resolved
I have registered a case under section 10 for judicial separation in family court after being harassed mentally and physically by wife in the year 2016. The case continued and the court gave the order in the year 2017 to give interim maintenance of Rs. 12200 per month Rs 7k for my wife and Rs. 5200 for my daughter beside that the court said that I have to bear the expenses of her education. My wife is staying with her father. I paid the amount as directed by the court but they did not allow me to meet my daughter. After my petition court allowed me to meet my daughter for 1 hour a week. But they did not regularly follow the order citing pleas. on 11th Jan 2019 I have abandoned the suit. The session court did not consider the judicial separation case to be closed so we went to high court and the High court said in his judgment that One can abandon his case any time no leave of court is needed. But the opposite party's advocate said that they have applied for divorce (maybe as a petition for this case ) so this case is active but high court said that the case is closed but you can re numbered your petition as a new case. In this situation, lower court is saying that the case is still active even if you have abandoned the case so you have to pay the maintenance. What should i do ( pl bear the writing it is not in perfect legal terms)
T. Kalaiselvan, Advocate
(Expert) 15 July 2023
By implementing an order, the challenge to the validity of the order is not wiped out and is not rendered redundant.
However that will not prevent you to seek specific relief from high court to challenge the trial court's order to continue the payment of interim maintenance once the case has been withdrawn or not pressed.
