Legal_Help (Manager) 22 December 2022

Will ia order gets auto revived on restoration of main op petition

Dear Experts,

My wife filed a divorce petition in year 2018 and an IA for interim maintenance (maintenance pendente lite under HMA) and got an interim maintenance order last year. Post that as she had not appeared for her case, her main OP divorce got dismissed for default and only 2 months back got restored (by way of her filing for restoration petition).

Her main OP was restored back to file, but in order nothing mentioned on the IA, also all the pending IA did not restore.

My question is, whether her IA interim maintenance order gets retrieved automatically or any express order is needed to separately restore it.

I am confused as there were different points on view on the above subject.

Please kindly clarify.

Thanks.

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2 Replies

P. Venu (Advocate) 22 December 2022

What difference does it amke that the IA is revived or otherwise, once the OP has been restored? Even if the Court accepts the view that the IA does not get automatically revived, she can still file a fresh IA.

While pursuing a court case, the focus ought to be on the main issue and should not get side-tracked on petty/incidental issues.

Legal_Help (Manager) 22 December 2022

Thanks sir. If her IA order doesn't revive then her maintenance arrears will also stand nullified.

Of course she can file another fresh IA seeking maintenance, but in the meantime it will enable me to get her main op dismissed soon as you mentioned. (In parallel I filing HC for speedy disposal of her main OP as well)