Prathamesh 09 July 2015
Husband filed a petition u/s 9 HMA. Wife replied as usually with an application u/s 24 HMA.
In the event of non-payment of interim maintenance amount u/s 24 HMA, the petition gets dismissed.
Is he still obliged to pay the maintenance amount post dismissal of petition?
What are the consequences after the dismissal and the non-payment of the interim maintenance in such case?
If she is not able bodied woman and if she is physically handicapped [read diseased etc] then you are liable to pay IA. If you are also not able bodied man and suffering from diseases which prohibit you to work, then you need to show to court your condition and express inablitiy to pay IA.
If you are able bodied person and capable of earning and if the wife hass not deserted you, you need to pay IA or you go jail for one month. Any length of period you wont pay IA maximum imprisonment is 1 month.
On the other hand if wife has left you on her own accord then no court can force you to pay IA. Such IA is enforceable for a period of 1 year from date of application. If she wants IA in second year, she has to file IA application and so forth.
Prathamesh 10 July 2015
Dear Helping hand!
Thank you for your answers.
Please elaborate on your last paragraph.
"On the other hand if wife has left you on her own accord then no court can force you to pay IA. Such IA is enforceable for a period of 1 year from date of application. If she wants IA in second year, she has to file IA application and so forth."
I can easily prove that wife left on her own accord. In that case as you said, no court can force you to pay IA.
In the next sentence you say, "Such IA is enforceable.....". 'Such' meaning? Which IA?
The IA that the court awarded even after husband proved that the wife deserted him on her own accord.
Please note that I am talking about interim maintenance u/s 24 HMA.
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