Legal Question in Family Law in India
Hi,
My husband has filed for Divorcee on Jan 2009. Only in Jan 2010 i have filed for Maintanence.
I heard that even if maintanence is granted in Subcourt where Divorcee has been filed they will oppose it by filing in High court. If so till the high court order , do i need to wait to get maintanence. how do i get legal expenses for that since i am a home maker.
3 Answers from Attorneys
you can file an application u/s 24 to get expenditure occured by you in the litigation and you dont have to wait for maintenance or any case in high court. you just file an execution of maintenance, if he did not pay you.
Regards
You will start getting payment immediately, may be w.e.f. next date of hearing, after the court order is passed;
his defence may be struck off and his petition may be dismissed for failure to pay.
in case the husband challenges the order in high court and the high court grants a stay against the interlocutory order of grant of interim maintenance, the maintenance cannot be had till his appeal is disposed off. in case he does not get a stay from the high court and chances are that he will not get the stay, you will keep getting the maintenance despite pendency of appeal.
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