Wife'e Ex-parte per maintenance order recalled without arrears payment

634 votes

The wife can challenge the recall order before the Allahabad High Court, normally through a petition under Article 227 of the Constitution or appropriate criminal/writ jurisdiction, depending upon the nature of the maintenance proceedings. Since the permanent maintenance order was recalled without payment of arrears, she should strongly argue that the husband cannot take benefit of his own default, especially when summons/service was found proper, address was correct, and the recall has caused serious hardship to the wife and two minor children. The High Court may either dismiss the recall order, direct the husband to deposit substantial arrears as a condition, or restore the original maintenance order, depending on the record. However, there is no fixed time limit. If urgency is shown through an application for interim relief, highlighting that minor children have been dropped from school and are suffering financially, the matter may be listed within a few weeks. Practical relief may take around 1 to 3 months if the Court issues notice and grants interim protection early; final disposal may take 3 to 6 months or more, depending on listing, objections, and court workload. The wife should annex the original maintenance order, recall application, impugned recall order, proof of service/address, arrears calculation, school fee/default documents, and expenses of children. Prayer should be for setting aside the recall order or, alternatively, directing payment/deposit of arrears before the husband is permitted to contest. The strongest ground is that maintenance is a welfare provision and recall should not defeat the survival rights of wife and children.

Advocate Lalit Saxena LawRato

532 votes

after reading your query it seems to be some maintenance dispute between husband and wife and children are suffering also but you are unable to to my demonstrate more regarding your case by which anyone can able to answer it kindly share more detail correctly so I can advise you further

Advocate Amit Pandey LawRato

652 votes

it is not clear what you want to ask and what side you are recall of an application happens when it has been dismiss default order and in case of a dismiss order both the parties have to be present and it comes up like different case all together

Advocate Uzma Afsar LawRato

654 votes

ok you have recalled the maintenance order allahbad high court so you see what happens in the court the court will see payment of arrears restore permanent maintenance order husband recall based on summons two kids are there

Advocate Spiti Sarkar LawRato

696 votes

you should pay the arrears as well as possible. till high court does not pass any order family court does not stop the hearing of recall application. and don't worry recall application always allowed. and you have to chance for submitting your pleadings.

Advocate Satish Bhati LawRato