Is it possible to continue interim maintenance awarded @ family court is continued at highcourt?
Naresh
(Querist) 14 September 2012
This query is : Resolved
Dear experts,
I'm for the husband.
(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
V R SHROFF
(Expert) 14 September 2012
PL CHG UR PROFILE:searching for jb " to Advocate , if r adv.
Interim mtn will continue till case is finally decided & disposed off.
This case is pending HC , so not finally disposed off.
