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Naresh (In search of job)     15 September 2012

Appeal @ highcourt on 18 hama dismissed at family court

Dear experts,


(a)Maintenance u/s 18 HAMA is filed by wife along with interim maintenance prayer at family court, which the family court granted interim maintenance to wife until the disposal of the main petition at family court, which husband had been paying regularly.

(b) The main petition filed by wife is dismissed by the H'ble family court on the grounds of desertion by wife, so this also 
stopped payment of interim maintenance.

(c) Now, wife appealed in the high court, also praying for the continuation of the interim maintenane till the disposal of the case at high court, which the husband had been paying earlier at family court.

My question is:

(1) Under the above circumstances, is there a chance that the high court ask the husband to continue to pay interim maintenance to wife, though the main case is dismissed at the lower case?

(2)As I understand interim maintenance filed at the family court is an interim arrangement to pay wife until the disposal of the main maintenance case, which the lower court dismissed on merits. In these circumstances, is it allowed at high court to ask the same relief of continuation of interim maintenance until disposal at high court?

(3) Please help me how to go about this case? 

Regards 



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 September 2012

An Appeal is a continuation of the suit, and an application for interim maintenance can be made and allowed even at the appellate stage. However that won't be done in all probability since her disentitlement to maintenance on account of her desertion has already been proved. One thing that I would advise you is that since you already paid maintenance pendente lite even when her final claim got defeated - letting her retain the interim amounts paid would amount to unjust enrichment and is unconscionable - file an application for restitution and that amount to be paid back to you. 


Bharat Chugh

*Advocate Supreme Court of India

1 Like

Naresh (In search of job)     17 September 2012

Thank you sirs for your valuable inputs/views.

 

One clarification, should this application for refund is to be made in the same case in the counter or as a separate case? Sorry for my ignorance in the legal matters

 

Regards

 


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