I want post my query to this forum as follows
I am a husband wherein...Divorce case is filed by my wife on Sec-13 (a)-i 'cruelty' and sec.26 and she doesn't want patch-up.
We both are earning. Our kids(both minors. boy 11 years, girl aged 6) are in her custody.
Court also ordered interim payment sec 24...she had applied for maint as "for the sake of kids only" as her dependents I have paid it so far always well in advance
The case progressed in last 2.8 years to extent that wife 's petition is most likely to be dismissed for no merits and hence she and her advocate also stopped attending it after she as a witness and her cross examination taken by my lawyer.
My lawyer forcefully asked to dimiss it but not only on plaintiff's default but on "no merits".
My temp/perm custody plea was dismissed already but visitation under wife's presence is allowed instead.
I don't see any point in going to HC for concessions on mandatory 'wife's supervision' clause, although my lawyer told me so.
My questions are about sec. 24 and sec 26, i.e. what's the fate of interim Orders if petition is dismissed?:
Interim Maint was asked "for the sake of kids only and education, welfare" to be given to wife.
What happens to all the interim orders.. if divorce petition is dimissed?
Interim orders namely.....
1. Visitation under wife's supervision and once in every two weeks.
2 .Sec 24 - maintenance payment obligations (I assume it would be converted into sec 25 and I have to continue to pay. It's fine and I have no problems with it)
Am I correct about Interim maint order?
Also I am interested to know more in custody front.
Can I defy Court's Instructions which imply that 'I can't take out my kids without supervision of my wife' to my native place or vacation to their grantparent's place etc?
Technically Custdy related order is also an Int Order which is valid only until case is adjudicated. Isn't that correct?
Concern here is ...my wife has started resisting my visitation since her case deemed weak.
Excuses: my son sick, they have another function at home, she is sick, want to go out for tournaments
Wife has also become very inflexible in approach now a days.
After going through the emotional abyss for a year, I just dived into my business to work for 16 hr a day and never showed resistance to any stuff except the demand of divorce.
But on visitation front she has started to harrase me. I am gain feeling very agitated when I am about to win and trying it hard not lose my calm.
Initially we both agreed not bring in our kids into the dispute but b'cos she about to lose the case and hence she is resorting to this.
I need whole custody i.e. without clause of 'supervision', on a periodical and temporary basis (e.g 4-6 days on vacation frequently).
I do not want to go and spend another 2-3 years in high court for this.
Your legal opinions about how to tackle the situation wihout enraging the current tussle.