rajannya nutri 16 January 2020

quary regarding maintainence under section 36

My husband has filed judicial separation and divorce eventually. and I had filed maintainence under section 36 on on the same. My husband is a government employee. Civil court passed an order of 17 k per month as maintainence in favour of me.then husband not tendered any payment and Challenged the verdict to high court where honorable high court remand it back again to the civil court with an adhoc of 10k per month till disposal of the case..after proceeding in civil court. i got maintainence order of 10k per month in my favour.but after tgat even husband had not done any payment till date. two months pass away.
I want to know can my husband again challege it to high court.?
what is the time period within which husband can challenge in higher court?
want i can to do to get my maintainence.

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3 Replies

Shaktika Malhotra 16 January 2020

Maintenance is an amount payable by the husband to his wife who is unable to maintain herself either during the subsistence of marriage or upon separation or divorce. As per section 24, Hindu Marriage Act, either of the spouse can claim the maintenance during the proceedings, who doesn't have an independent income for support and necessary expenses. Interim maintenance can also be claimed under section 125 CrPC, which lays provision for wife to claim maintenance from husband, if it appears to the district court that wife isn't capable of sustaining herself for her necessary expenses. In your case, if your husband has been ordered by court to provide you an amount of 10,000/- as a monthly allowance, then he has to pay that you till the end of proceeding. Even if he approaches to court in order to challenge the decision, he still has to pay you the amount till there is a decision given by court. Hope this was helpful! :)

rajannya nutri 16 January 2020

please tell me the with in which time frane husband can challenge the order to higher forum ..

Rupin Dhama 16 January 2020

limitation to challenge the order is 60 days

For more information contact us on 9999121211 or email us on rupin.lawjunction@gmail.com.

Thanks,

Rupin Singh