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Tina (housewife)     16 November 2024

Should i challenge maintenance verdict at high court?

My husband filled and want divorce from me under the false ground of cruality and I filled maintenance and section 9a to family court.

I am a house wife with no income. My husband has approx 1 lakh per month income and has own car baleno, which already informed by my husband via his income affidavid to the family court.

 Maintenance verdict said that as an educated and qualified lady without any child I am not entitled any maintenance amount hence dismised by family court.

 Last month family court dismissed my husband's divorce petition and grant my section-9 petition, so I won section -9 conjugal rights. I called/email/sms to my husband many times that "please take me with you, because I want to stay with you", but he did not replied and challanged divorce and section - 9 verdicts to High court, also seeking money on the petition from me.

I did not challanged maintenance verdict at that time because I was waiting for divorce and section -9 verdict ( and section - 9 verdict comes after 9 months of maintenance verdict, it is almost 9 months now). And I thought after section -9 verdict , if court permit I will go to stay with my husband.

1. Please suggest what should I do now?

2. Should I challange the verdict of maintainence to high court? 

3.What is the percentage of getting maintainence because I am housewife with no income.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     16 November 2024

1. You can file an appeal against the dismissed maintenance case or file a fresh maintenance case besides filing an execution petition to execute the orders given in your favour in the RCR case.

2. You can 

3. You express your grievances properly against the judgement of lower court and fight it out strongly.

1 Like

SHIVKUMAR AGNIHOTRI   16 November 2024

1. You are house wife and have no income then how the maintenance has been denied to you. It means your case has not been contested properly.

2 You must challenge the verdict of maintenance, you will certainly get it. If you wish you may contact on this mobile No 95998 62071.
1 Like

P. Venu (Advocate)     17 November 2024

Yes, you can challenge the decision of the Family Court in Appeal. You have very good chance to succeed.


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