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shivani (housewife)     11 March 2023

Divorce case

Dvact final order was passed and maintenance  amount was granted to the wife from the date of filing of application till final orders. husband immediately moved an appeal in the session court pleading he doesn't want to pay the maintenance of past years. Appeal is pending on merits for arguments in April & it will take time. On the other hand divorce was also filed by the husband and is listed for final arguments in March end . If court grants a divorce to the husband then what will happen to the maintenance amount of past years ? Husband has to clear the amount and only then he will get a divorce decree in his favour or those proceedings will have no impact on the divorce case final judgement in the trial court?



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 5 Replies

Suryansh Pathak   11 March 2023

Those proceedings will have no impact on the divorce case final judgement as both are two separate cases, the husband would have to give the previous mantenance even if the court agrees for the divorce as the court has not released a final judgement in the other case regarding the maintenance so he has no right to abstain from giving the maintenance.

shivani (housewife)     11 March 2023

@suryansh - ok sir .thanks for your opinion

T. Kalaiselvan, Advocate (Advocate)     12 March 2023

The maintenance orders passed in the divorce petition is interim in nature and it shall be paid till disposal of that case.

The different divorce case filed by the husband has nothing to do with this interim maintenance order, hence he cannot disobey the court order in this regard. 

Dr J C Vashista (Advocate)     12 March 2023

Maintenance allowed by Magistrate (stated to be under appeal before Sessions Court) shall have "NO" impact on the divorce decree, if granted by Family (another) Court. Both the cases are separate and different.

Husband shall have to pay maintenance, in any case, be clear.

Besides this, Family Court shall also pass appropriate orders qua alimony for wife.

What is the opinion and advise of the lawyer engaged / paid by the author of this query.??

shivani (housewife)     12 March 2023

@ t kalai sir- thanks for ur opinion. Maintenance order has been passed under dvact case and not divorce case .

 

@jc sir- thanks for your opinion . As of now I have been contesting the divorce case but since husband has put me in great hardships & my health is also getting spoiled so that's y I decided to divorce him and take alimony but my mistake that i haven't filed any application for alimony in divorce case and divorce case is listed for final arguments so now am thinking of moving an application for alimony after the final verdict only if husband gets a divorce decree in his favour. As of now I don't have a lawyer .i will engage a counsel near the case hearing. By the time I thought of taking an opinion here 


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