Best Possible Legal Option?

Querist : Anonymous (Querist) 01 April 2010 This query is : Resolved
A Suit for Divorce filed by Husband u/s 13 was Dismissed because the Husband is Default in Obeying the exorbitant Amount as interim maintenance to wife ordered u/s 24 of HMA, Now what are the remedies for Husband? 1.To revoke the same suit 2.Appeal in the high Court or any other Third Options?

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Devajyoti Barman (Expert) 01 April 2010
Since the suit itself gets dismissed in the meantime file another suit for divorce and try your luck again. Even if the earlier suit is revived you would loose by that time, the time-limit to challenge the order for alimony.

Suryanarayana Tangirala (Expert) 01 April 2010
Do u mean Petition for divorce is dismissed for default?How can main OP BE DISMISSED for non payment of maintenance was there any such conditional order passed in maintenance petition filed u/s.24?why dint u challenge the order for maintenance in high court?Though i have these doubts i am answering u r query:if divorce petition is dismissed for default a restoration petition can be filed seeking restoration of divorce OP.

SANJAY DIXIT (Expert) 01 April 2010
In my opinion, the main suit should not be dismissed in default of payment of maintenance of S.24 of HMAct, but the proceedings of the main suit can be stayed in such conditions.
If the suit of S.13 HMAct is dismissed in default of payment of maintenance U/s 24 of HMAct ; the only option to restore the suit is that the balance maintenance should be deposited.

Raj Kumar Makkad (Expert) 01 April 2010
If interim maintenance is not paid by husband petitioner to respondent despite of the direction of the court under section 24 of HMA, the petition is liable to be dismissed. This is in consonance with the verdict of Hon'ble Supreme Court of India and even if such person files another petition then this fact can be brought in the knowledge of court by respondent wife and this shall also be a fatal to subsequent petition. So it is good to offer maintenance allowance in the appeal and on deposit of entire arrears, the petition can be restored and can be sent back to lower court by High Court.

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