Stop the maintenance under fail to mainten conjugal right from wife u/s 9 ex-party order to hasban
lalabhai1977
(Querist) 10 October 2016
This query is : Resolved
Dear Sir / Madam,
Your mastery is valuable to others who trapped innocent by wife through Family Law. My short story is as under:
After the got the decree of section - 9 which ex-party order to respondent in the case of 125 maintenance. petitioner clear said in his cross that she is not ready to stay with respondent. She (petitioner) has not any FIR or complain against the respondent for mentally and physically harassment to her.
Respondent taken all type of care to her and his son who with petitioner. Petitioner fail to maintain her conjugal rights. Respondent has the witness for his non alcoholic. Witness has been gave his statement at the time of his cross.Petitioner is not cleared about his reason to live separately.
Judge and opponent (petitioner) advocate's said I have a supreme court order that no one and any circumstances stop the petitioner maintenance. If wife living separately from his husband for any reasons, notwithstanding the respondent has to be bond to pay maintenance to petitioner (wife).
I have 11 years old son who custody with wife (Petitioner)
My next hearing date is 15.10.2016. Respondent already put a written arguments and I have to left to put a written arguments. If you need any clarification or order I will ready.
Please reply urgent basis.
thanks and regards,
lala bhai
Guest
(Expert) 10 October 2016
You have not stated about the reason for ex-parte order for maintenance. You/your lawyer might not have cared for appearing in the court on each hearing.
Even you have not stated whether order is for interim maintenance or final.
Moreover, only merits of the case can decide your fate on completion of the hearings/ arguments of both sides.
Rajendra K Goyal
(Expert) 10 October 2016
Author should provide the information sought / questions by the expert P.S. Dhingra ji.
lalabhai1977
(Querist) 10 October 2016
I would like to clear that ex-party order made in favor of husband (Petitioner) and against the wife (respondent) in Udaipur Family court, Rajasthan due to wife (respondent) was not appeared in all hearing even she accepted the notice of the court by her who resides at Gandhinagar, Gujarat.
My maintenance order is interim (In the family court of Gandhinagar where wife (petitoner) to husband (respondent-myself) in this case).7500 of wife and 2500 of son who 11 years old.
Now I need to stop the wife maintenance under section 9 the ex-party order to me from the Udaipur family court. She fail to
lalabhai1977
(Querist) 10 October 2016
maintain conjugal rights.
Rajendra K Goyal
(Expert) 10 October 2016
If the ex-party orders mention to stop maintenance you can stop otherwise not.
Kumar Doab
(Expert) 10 October 2016
Mr. Goyal has clarified.
You may go thru the contribution by a member at thread;
'As per the scheme of the Hindu Marriage Act the decree for
restitution of conjugal rights is a stepping stone and passage towards
divorce. Section 13(1A)(ii) provides that if the withdrawing spouse is
disobedient to the decree of restitution of conjugal rights and the husband
and wife continue to live separately as before, each of them is entitled to
seek dissolution of marriage.'
http://www.lawyersclubindia.com/forum/Whether-order-for-cohabitation-can-enforce-sexual-relations-143086.asp
Guest
(Expert) 10 October 2016
You may try. But there seems no scope for your wish fulfillment for stoppage of the maintenance, unless both of you are quite willing to reunite and commit to mutually adjust with each other.
P. Venu
(Expert) 11 October 2016
Please post the simple facts.
Rajendra K Goyal
(Expert) 12 October 2016
You have to approach court for orders regarding maintenance payment.
Kumar Doab
(Expert) 12 October 2016
Act on the suggestions advanced in the thread.
lalabhai1977
(Querist) 12 October 2016
These are my facts which mentioned above
lalabhai1977
(Querist) 12 October 2016
Dear venuji,
What do you mean of simple facts?
I would like to know it, please
lalabhai1977
(Querist) 12 October 2016
Dear Rajendraji,
What do you suggested to me in my case
Rajendra K Goyal
(Expert) 12 October 2016
If want to stop maintenance, court orders need to be taken, which would be difficult.
Or, you can continue paying maintenance.
