Legal Question in Family Law in India

As judgement was not pronounced on 19.03.2020 due to pandemic outbreak, hearing in court was suspended till Nov 2020. This case was again posted for argument due to change in presiding officer on 06.11.2020. From 19.03.2020, the date when the matter was posted for judgement to actual date of judgement 08.12.2021, there is time interval of 21 months, out of which 9 months the court was not functioning due to covid outbreak and further from Aug 2021 to Nov 2021, decree holder dragged the case intentionally by not providing her asset and liabilities accurately.

Can Ex.C be dismissed filed by her in family court for maintenance amount from Mar 2020 to Dec 2021 ?

Asked on 6/28/22, 8:35 am

2 Answers from Attorneys

Rajiv Chandhok Ph: +919810050896

These facts must be pointed out to the executing Court.

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Answered on 7/04/22, 11:25 pm
Rajiv Chandhok Ph: +919810050896

Maintenance amount is dependent on the intent of the court ordering maintenance. Even if the DH has dragged the case by not providing the assets details and the judgment pronounced was including the payment of maintenance for the period from Mar. 2020 to Dec 2021 so the judgment is presumably pronounced after taking that fact in account. The remedy for JD is appeal and these facts if pressed before an appellate Court may bring relief to the JD.

If the DH has a final decree in her hand and the EX . C is filed on that basis then such case should not be dismissed.

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Answered on 7/05/22, 12:02 am

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