Legal Question in Family Law in India
In a divorce case the applicant (husband) used to pay part payment of monthly maintenance . The respondant (wife) made an applicatio to the judge to stop the hearing of main divorce suit until and unless the total balance of the maintenace cost is paid by the applicant. Now is it possible for the judge to postpone the proceedings of the main divorce suit?
Asked on 5/13/12, 11:41 pm
2 Answers from Attorneys
Vishwa Arya
Arya & Co.
yes, the judge may do so. Payment of maintainance (if order is of the court u/s 24 HMA) is sine qua non for the divorce petition.
Answered on 5/13/12, 11:56 pm
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
The court may not only stay further proceedings but also strike off defence of party defaulting in payment of maintenance.
Answered on 5/19/12, 8:08 pm
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