There is a rampant abuse & misuse of maint provisions in divorce in HMA 1955.
Many Wives (even though they are petitoners) deliberately prolong the divorce cases, by ill advise from many segments, and diligently press for the maintenance (interim) giving many excuses.
Q1. Do thay have right (are they entitled to ask on merits) to ask for interim maint even if the husband is willing to reconcile with wife?
Q2. Do thay have right (are they entitled to ask on merits) to ask for interim maint in the name of kids even if the husband is willing to reconcile with wife?
If the wife has already demonstrated her resolve not to agree about reconciliation even at the time of councelling and remained deliberately absent and then remained present only during the 'amicable break-up' related sessions held by the councellor (councellor told that they do try for patch up initiallt or else for amicable breakup and it is legal??) and staunchly pursued for the breakup but the husband denied to breakup?
Isn't this sufficient to suggest wife's unilateral withdrawl from society of husband without sufficient reason?
Why Isn't this fact considered relevant in 'interim maint' proceedings?
The concern is:
If wife gets the interim maint, why wud she bother at all to join back her husband?
Wife is employed and she is not a 'destitute', as the husband is wiling to reconcile.
Probably she wud prolong the case to eternity once she gets the maint in the name of kids and for herself.The problem is not in giving the maint a just amount, but the aftermath.
Isn't 'the provision of interim maint' like a ploy to bypass the hearing on merits and squeeze out the relief?
Husband has given in writing in reply that he wants to reconcile. Wife's divorce plea/case is weak. And hence wife is pressing for 'interim maint'.
How to tackle such a case?
Please please do comment as to
Q3. How the hon Judges view the whole thing?
Q4. How the opponent lawer wud try to project it?
