maintenance and alimony

suman talukder (Querist) 23 March 2017 This query is : Resolved
Sir i got divorced on 25 th September 2014 from Gwalior family court on grounds of adultery on my wife's part..it was a one sided decision by the court as my ex wife didn't appear before the court to cross my evidences... Furthershe filed a maintenance case in the month of august 2014(case no-620/2014)which is still in a undecided state as she doesn't appear before the court..as of now its almost 3 yrs.Can u please suggest me how do i get this case dismissed.Further i feel my advocate is fooling me whenever i ask him to process my request for settling down this case.

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Ms.Usha Kapoor (Expert) 25 March 2017
Your first priority is to change the Advocate and let the estranged couple enter into an amicable settlement.

Guest (Expert) 25 March 2017
Ms. Suman,

You have stated, "Sir i got divorced on 25 th September 2014 from Gwalior family court on grounds of adultery on my wife's part..it was a one sided decision by the court as my ex wife didn't appear before the court to cross my evidences..."

So, do you mean to say that a woman also had a wife, is it not so, as per your description?

Guest (Expert) 25 March 2017
Your Divorce Order is Ex Parte and the Maintenance Suit by the Wife was filed earlier to that.Both of you had not informed or requested the Court to Join/Club both the Cases together.So the Maintenance Suit is valid and the Ex Parte Divorce Order could be quashed with valid Legally Justifiable Reasons.Family Court Cases Could be dragged since the Court also would be Particular about reunion Only.Better go for a Compromise settlement since Obviously your wife is interested in reunion.

Rajendra K Goyal (Expert) 25 March 2017
Effectively follow up with your lawyer and in cooperation not received, change the lawyer.

Madhava Rao Gorrepati (Expert) 25 March 2017
When a person comes with some genuine grievance. he/she may not express as clearly as we express. so let us not be sarcastic. whether your wife filed the case in a civil court or in a criminal court under section 125 Cr.P.C. Or domestic Violence Case? or in Family Court. In all these courts maintenance can be claimed. If Civil Court or DVC Court the party need not appear. May be because your wife was not appearing it does not mean that she was not interested in the litigation. Because of heavy pressure on the courts, the courts are not able to decide the cases on time. coming to a conclusion of 2014 case is highly impossible. This is the hard reality. Trust your lawyer. Do not jump to unfounded inferences. Is the lawyer same who fought your divorce case? If not why do'nt you consult him once.

Guest (Expert) 25 March 2017
Mr. Madhava Rao,

Do you believe, it is not an academic query, if a lady asks a question about her wife that too pertaining to adultery, instead of husband's illicit relations with some other woman?