Latest Judgement

1. The Hon’ble Karnataka High Court in a recent judgement held that court can stay divorce, till the husband pays arrears of maintenance to the wife in accordance with the orders passed by the court.
2. The Hon’ble Karnataka High Court held that it has come across many cases wherein the court had passed a maintenance order in favour of the wife and the said order has attained finality. The husband fails to pay arrears of maintenance as ordered by the court; however, he insists on proceeding with the divorce case. The Hon’ble Court upheld that the husband cannot proceed with the divorce case and demand that the wife may initiate execution proceedings for the recovery of past maintenance.
3. The Hon’ble Karnataka High Court held that under the Civil Procedure Code, there are provisions for execution of court directions, however there are cases wherein the litigant is not able to meet their day-to-day expense. The Hon’ble Court held that the husband cannot be allowed to enjoy final order in the divorce case while, ignoring the maintenance orders passed by the court.
4. The Hon’ble Karnataka High Court held that the court has two options, first to stay the proceedings and second to strike off pleading/defence of the husband. The husband cannot ignore the maintenance order and deprive the wife of benefit of maintenance order.This article is researched and authored by Advocate Aarun Chanda, practicing at Mumbai & Pune

Seeking expert legal guidance?- Contact The Divorce Law Firm today.