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Marriage under Special Marriage Act and Suit under Hindu Marriage Act
13-Jul-2023 (In Divorce Law)
1. Marriage was solemnized under Special Marriage Act
2. Husband filed case for restitution of conjugal rights under Hindu Marriage Act
3. Wife claimed maintenance pendente lite and was granted order of 20,000/month the same was consented by the Husband before the Judge
4. Husband appealed against order in HC that he had not given consent
5. HC told to apply to Trail court again
6. Husband applied to Trial Court to set aside of maintenance order as it was under Hindu Marriage Act and Marriage was under Special Marriage Act
yes it should be immediately be appealled to court for false representation so that the husband be penalised with cost and suppressing material facts and wasting time of court and in restitution no court can force either of the parties to live together, so dont worry
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Adv. Aveek Bose
Kolkata | 1000+ Answers
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Yes the maintenance is a socio economic remedy which is statute neutral. in this peculiar circumstances the court would simply dismiss the suit as non maintainable and therefore no remedy will be provided to the husband or wife. wife will be at liberty to file a case of maintenance and reclaim her subsistence allowance irrespective of pendente lite.
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Adv. Tanmoy Chattopadhyay
Howrah | 900+ Answers
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Too many questions to answer over a chat box. Please consult a lawyer and sit for a conference. Questions like these can never be answered over a text as this will neither clear your doubts nor your further doubts. Hope this helps.
Regards,
Shayan
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Adv. Shayan Sachin Basu
Kolkata | 400+ Answers
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