Maintenance post dismissal of divorce case
I had applied for divorce case which got dismissed at lower court. I appealed against it in high court and it got dismissed as well. Also my wife applied for restitution of conjugal rights which got upheld in both the lower as well as high court. In parallel my wife applied for interim maintenance case in the lower court. Through this case court asked me to pay monthly interim maintenance to my wife. Now that divorce case is dismissed, I am willing to take my wife back home which based on my understanding should automatically put an end to interim maintenance. However my wife is
1. Refusing to join me in my parental home
2. Refusing to give divorce on mutual consent
3. Asking me to pay maintenance
How should I handle this situation? Irrespective of whether she joins me in my parental home or not not my primary aim is to stop paying her interim maintenance. Would you please guide me though this?
Should I send her a legal notice saying that I am stopping to pay maintenance because as per the court order I am willing to take you home right now and take care of you but you are not willing to come home and join me
Asked in Family Law from Ranebennuru, Karnataka
If the court pass an interim or permanent maintenance then you should fight the case on merit before the court and there is no use of the legal notice.
Appear before the court and pray to court and show your intention to live with her and if she refused to live with you on record then it's depend on the court to cancel or modify the maintenance order. You may also file an application u/s 127 of Cr.P.C. for reducing/cancellation of interim maintenance order if passed in 125 of Cr.P.C. case.
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Advocate, New Delhi
How do I get a record that she has refused to live with me? Court has asked her to join me. I have gone her home many times and requested her but she is not willing to come.
Should not dismissal of my divorce petition automatically make interim maintenance case null and void?
Asked 11 months ago
send your wife letter by speed post AD to return to her matrimonial home
2) send another reminder after 15 days
3) in said letter mention repeated visits made by you to her home to convince her to return to her matrimonial home
4) dismissal of divorce case does not absolve you of your liability to pay her maintenance
1) you have to pay her interim maintenance as per court orders
2) if you are aggrieved by court orders as far as maintenance is concerned you can appeal against said order before the HC
1. Your understanding is fallacious. Merely because you are willing to now admit your wife back to her matrimonial home, a right which by virtue of the subsisting matrimonial relationship continues to be indefeasible to her, she does not suffer any injury to her claim for maintenance.
2. The maintenance case will be decided on merits regardless of your willingness to admit her back to cohabitation.
3. If you stop paying her maintenance you will be liable for contempt of court.