Interim maintenance at high court?
Naresh
(Querist) 30 August 2012
This query is : Resolved
The maintenance case filed u/s 18 HAMA by wife is dismissed by the honourable family court in january, 2012 on the grounds of desertion by wife also on the false allegation that the husband is impotent (medical board certified that husband is potent).
Now ex-wife (since divorce is also granted on cruelty & desertion) appealed in the high court asking for continuation of interim maintenance of Rs.5000 pm, (which I had paid until the disposal of main OP case at the family court) until the disposal of the main case at high court.
I recently appeared for the first time before high court, after I received the notice and asked the judge 2 weeks time to engage an advocate.
---------------------------------------
Facts of the case are as below:
In the cross-examination, she said
(a) Since my husband is impotent, I'm living separately.
(b) I realized that my husband is impotent 4 years after marriage and by that time it was already 20 months, since we have been living separately.
(c) I'm not interested to live with my husband.
(d) Except on the ground that my husband is impotent, there is no other ground for me to live separately from him.
On her application I was sent to medical board, which found me potent, so her allegation proved fault by the medical board.
----------------------------------------
In these circumstances, I have the following questions
-------------------------------------
(1) When the main OP itself is dismissed at the family court on merit, will their claim for interim maintenance be allowed, as the interim was allowed at the family court without ascertaining the full facts earlier and as an interim relief only? Now that, the main OP is dismissed on merits, whatever awarded at the time of IA will no longer have any meaning as it was awarded with partial facts. What to argue at high court so that their interim claim be dismissed?
Devajyoti Barman
(Expert) 30 August 2012
Your wife can challenge the main order only, not the interim order which must have been long passed and barred by limitation.
Engage an advocate.
Naresh
(Querist) 30 August 2012
Dear Sir,
Thank you for the reply.
Sir, as you said she is challenging the main order only, but until the main order is decided at high court she wants the continuation of interim maintenance as was awarded by the family court.
Is this possible and how to counter this is my question sir?
ajay sethi
(Expert) 30 August 2012
it is necessary to go through the orders passed by family court to advise
contact a local lawyer .
what is mentioned in main order about maintenance ? is it allowedor disllaowed?
you have to emphasise what family court has said about maintenance . ennage a lawyer
