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restitution & maintenance

(Querist) 29 September 2014 This query is : Resolved 
If the restitution filed by husband is in his favor, what has to be done to get rid of maintenance ?
Or I have to execute the orders of restitution to get rid of maintenance ?


If Restitution filed by husband is in his favor and the appeal filed by wife is also in his favor then is it possible to quash the 498A filed by the wife. Or what to do to quash 498A on basis of technical reason ?
adv. rajeev ( rajoo ) (Expert) 30 September 2014
Yes you can fie
ajay sethi (Expert) 30 September 2014
court would award her maintenance even if she refuses to join you
Rajendra K Goyal (Expert) 30 September 2014
Generally restitution orders have not much effect on maintenance orders. Such orders are effected by so many other factors also like employment of wife etc.
Dr J C Vashista (Expert) 01 October 2014
Convince the court to prove her bonafide non-joining (desertion)which may affect maintenance.
malipeddi jaggarao (Expert) 01 October 2014
I agree with Dr.Vashista.
Dr J C Vashista (Expert) 02 October 2014
Thanks to Mr. Malipeddi Jaggarao for endorsing my opinion.
T. Kalaiselvan, Advocate (Expert) 04 October 2014
Yes you may move an application seeking the court's intervention and dismissal of her maintenance petition under the given situations.


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