I had filed sec 9 in nov 07
Section 24 came in july 08
Section 24 decree was passed in June 2010 she was awarded for her advocate fee & monthly maint.
I filed RTI to CBSE 0n 3rd Dec 2010
CBSE forwarded RTI to her School on 9th Dec 2010 which reached at school on 13th Dec.2010 & i also got a copy of same.
She had filed 151 stating that she is working and do not want any maintenance. on 23 dec 10 (after coming to know about my RTI at her school)
I had filed 340 in March 2010 based on 1- She mentioned in 24 that she is not working & after that in her rejoinder on oath she claimed that she is not working. (In my 340 i have mentioned that she was working from july 07 and was getting salary of 12k, i had produced her salary slips which i got through RTI )
2- She had given adjournment application that she is not well and not able to attend court but as per her attendance record she was present all 7 times at her school which i got through RTI)
i had given application to withdraw my section 9 in apr 2010
Now she had filed her objection in 340 stating that after withdrawal of my sec-9, 340 is not maintainable and not given any other proper replie and stated that she had already filed 151.
My Query is :
1. Is 340 is not maintainable after withdrawal of section -9, as she already got a
decree of section 24 and I had paid upto 12 month in that.
2. If I file divorce then what cases of maintenance she may do again.