Section 9 of hindu marriage act
Neeraj Kaushal
(Querist) 05 August 2012
This query is : Resolved
sir,
i have filed petition u/s 9 of hindu marriage act against the respondent /wife , wife filed application u/s 24 for maintenance , court awarded maintenance to the wife in proceedings u/s 24 of Hindu marriage act, and now wife has filed petition u/s 125 of Cr.P.C. in any other court, court in proceedings 125 awarded maintenance allowance , and now husband is paying maintenance in 2 different courts, if husband withdraw the petition section 9 of hindu marriage act , then maintenance awarded u/s 24 will be stand remain or not , because this application has been filed by the wife in proceedings section 9 and husband has not paid some installments of maintenance whether remaining balance of maintenance will be stand against respondent or will be forfeited if main application has withdrawn by the husband .
Devajyoti Barman
(Expert) 05 August 2012
The Misc Petition u/s 24 HMA though arises out of matrimonial suit like divorce, RCR or even nullity. once it is instituted the subsequent withdrawal of the suit by the husband does not make alimony petition ceased to exist.
The wife is so wishes she can apply for attachment of property of the husband fir implementation of order or even warrant of arrest u/s 125 crpc.
Adv.R.P.Chugh
(Expert) 05 August 2012
Even if you withdraw the Section 9 petition now - the S.24 would stand, and independant execution proceedings can be initiated by the court to recover that amount.
