Pendentilite allimony will get or not get

 pendentelite order  ends  with  the main petitions being  disposed off,  there is no  legal obligation to  comply with  the order  for maintenance  pendentelite ,  how  ever if  the  wifes  petition for  setting aside  expartey  divorce , is allowed , the  maintenance  order   also will  be  revived .     

File reply to her misc.case that interim maintenance in not payable once main petition is disposed off.

very many thanks to Panday ji and Chaytanya ji.

next date of this case will come in the month of march 2012.

i will take the steps.

For praying "civil jail " by wife in  the above matter  is there any law to apply agains wife for her education?

She can pray whatever she want,it will not be granted by the court. 

pl suggest me how can i  teach that wife?

that means "what legal steps are available  against that wife  accordfing to law?"

 it is for  yhe  wife  to initiate  recovery proceeding, you need not  do  anything ,  however  arrearsaccrued   before  dismissal of  matrimonial  case  can be  well claimed through  recovery 

panday sir pl clear what do you speeks?

arrears till the  dimissal of the  case is  payble 

respected members,

arrear till dismissisal of case means---- 1) till the dosposal of  misc. case(praying for set-aside of experty divorce decree)  

or

2) till the disposed of main  matrimonial suit( i.e. upto experty divorce decree)

pl suggest me as early as possible.

Arrears till disposal of main matrimonial suit upto ex-parte divorce decree is payable.

thanks to all

interim maintenance was allowed to the child only - could be u/s 26 - s.24 applicable to spouse only. payment of Interim maintenance to child should be continued till the child attains majority.

In case interim maintenance is allowed to wife, entire arrears up to the date of the ex parte decree should be paid. In case the ex-parte  decree is set aside, fresh interim maintenance order should be secured by wife for the post restoration period. There is no automatic revival/restoration of interim maintenance order u/s 24 on reversal of the divorce decree. Restoration of  interim maintenance u/s 24 shall be by an express order that alone could be executed for the post restoration period and the previous order can not be executed for the post restoration period.

There is a misconception, even among leading lawyers that interim maintenance order passed during the pendency of the original divorce proceeding stand automatically revived/restored on reversal of the divorce decree. This is not true. The spouse eligible for interim maintenance shall submit a fresh application u/s 24 or pray restoration of the earlier order. The court would pass an appropriate order after giving an opportunity to be heard to the opposite party.

Restoration of a case after dismissal for default and restoration of the case after reversal of the divorce decree is entirely different. In case of the later interim maintenance order does not survive and fresh order has to be necessarily passed buy the Court either suo moto or on application

Awareness about this provision need to be created amongst the litigants.

Fresh application for interim maintenance u/s 24 is maintainable during the pendency of the proceedings to set aside the ex parte decree which could be valid till the final disposal of the case in case ex -parte decree is set aside. In any case previous order u/s 24 is not valid for the period beyond the date of the ex -parte decree unless it is restored/renewed by an express order