You have not mentioned the full facts. One has to see the language used in the maintenance order passed by the court. From what you have mentioned, it appears that only interim maintenance has been ordered to be paid during the pendency of the petition (which appears to be the divorce petition). If the order says that maintenance shall be paid during the pendency of the above petition, then with the disposal of the said divorce petition, the interim maintenance order may perhaps come to an end. But, in the absence of full facts, it is difficult to say exactly. Therefore, you’ll have to check the language used in the order of the court.
But, even if such maintenance is discontinued due to withdrawal of the divorce petition, wife can claim maintenance under other provisions of law (such as Section 125 of the Criminal Procedure Code).
The answer to your second question is “yes”. The husband can oppose the petition for restitution of conjugal rights which has been filed by the wife, and if wife succeeds in such petition the husband can challenge that order in the higher court.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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