Query on Case(Suit) Technicalities or procedural question!

Querist : Anonymous (Querist) 27 March 2010 This query is : Resolved
Que.1.Their was 6+ yrs desertion between wife and husband , Husband filed Suit for Divorce and wife filed counter affidavit and ask for maintenance u/s24 of HMA, 3 hearings have expired and now Husband want to withdraw the case without out any settlement in such a scenario what would be the fate of wifes Maintenance as that was an counter affidavit to divorce case, now that main suit is withdrawn what next to counter u/s 24HMA?

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Sukhija (Expert) 27 March 2010
court will pass order on maintenance to wife from the date of filing maintenance u/s24, though husband withdraws his divorce petition. The husband has to abide the order. If wife is willing to join him then well n good otherwise husband can file restitution of conjugal rights u/s 9 of HM Act to counter u/s 24HMA.

Querist : Anonymous (Querist) 27 March 2010
But Sir, The Affidavit is for 24 HMA Pendent Lite, if their is no suit pending after the withdrawal,where is the question of order of maintenance?

adv. rajeev ( rajoo ) (Expert) 02 April 2010
court can pass an order for maintenance even if you want to withdraw the case. If you want to withdraw the case other side will object for it because application for maintenance is still pending.

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