Hi
Section 13 2 iii HMA states that " wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,
24 [(iii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) [or under the corresponding section 488 of the Code of Criminal Procedure, 1898 (5 of 1898)], a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; "
My query to the legal experts is whether this is applicable on all maintenance orders passed against the husband or if this is applicable only to those cases where the maintenance order is passed by the courts after establishing that the husband has wilfully neglected the wife.
Further, will this be applicable if the husband contests the maintenance order in a higher court?
