Vinay Sharma 12 September 2018

Divorce & maintenance in case of dissolution of huf

Currently divorce proceedings are pending between my parents. my father has not paid maintenance (as decided by High Court) to my mother for the last 3 years. we are in the middle of dissolution of HUF - consisting of my father, mother, brother and myself. in case HUF is dissolved and my mother gets her share of this HUF - will this effect her maintenance matter in court? how will dissolution of HUF and mother getting her share impact her maintenance and divorce proceedings in court? are there any case laws, judgements available that address above scenario. thanks in advance for your reply

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(Guest)

If she is getting share from HUF, then she wont get maintenance.

Vijay Raj Mahajan (Advocate) 12 September 2018

Order of maintenance as exists in favor of your mother shall stand intact unless the other party, namely your father get the order reversed or cancelled on the basis of your mother receiving her share in HUF. The maintenance amount pending against the father has to be paid, or can be recovered from him by filling execution application. The amount of maintenance allowed by the court shall continue to be paid to the mother till the order of the court with regard to maintenance is set aside.