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Sathya Shanmugavlu   13 February 2023 at 16:41

Strike off defense and its impacts on divorce case

Dear Experts,

My Wife filed Divorce in year 2018 on Mental Cruelty, so far no evidence provided in her case.
My defense in her divorce petition might get struck off, owing to the failure to pay some of her interim maintenance order.

What impact will it have on her divorce ? Will she automatically get her divorce ordered on her favor, even without any evidence provided ? Or will I lose ability to defend against her case, but still case will proceed based on merits of evidence etc.

Thanks & Regards,

RKP   10 February 2023 at 14:35

Highcourts refusal to reduce ia

This query is in continuation of my previous query https://www.lawyersclubindia.com/experts/divorce-case-ia-maintainence-related-query-745886.asp.

My gross salary is 1.5L and net salary is 1.15L and expenses is 1.05L for me and my mother and saving of some 10k per month. My wife stays in my flat and I stay in a rented house along with my mother. Even before the family courts order I used to voluntarily pay 6k maintaince to my wife through money order apart from paying apartment maintenance and other utility bills of my flat where my wife stays. Still paying the same.

The family court judge had earlier awarded her 25k maintenance plus 30k one time litigation fees to be paid by me. Family court judge had not considered the money order receipts I had submitted in court as proof of my voluntary payment. Judge had not consider that she is staying in my flat.

We had approached the high court for its review. But in today's first date( wifes lawyers was not present ) the high court judge also straight forward said that he is not going to touch the family courts order and he is not going to reduce the ia maintenance even though wife is staying in my flat. high court judge also did not consider the money order receipts I submitted in court as proof of my voluntary payment. high court judge also did not consider that she is staying in my flat so he should reduce the amount.

Very saddened by the women biased approached of judges.
What can I do here?

nilesh satelkar   09 February 2023 at 20:46

Interim maitenance in dv case & alimony in marriage petition

Respected experts,
My DV case is undergoing in session court. I've been ordered to pay interim maintenance which I am paying regularly. But there is also marriage petition filed by my wife. I am not attending hearings in marriage petition for quite a while.
My question is, if marriage petition case goes ex parte and I get order to pay alimony, will I have to pay both interim maintenance and alimony both at the same time

jobstervijay   06 February 2023 at 13:09

Cruelty of mother

my father expired in 2002 when I was 19 old
mother been extreme cruel but very difficult to prove

1) she snapped my grandpa neck in 2008 ,my father already expired,I was out of station ,and my aunt is silly to understand this things,till I come back funeral was done,now after all this years while altercation on call she indirectly admitted it

my main question is she is 62 now ,will she get hnaged or pardon for age?

2) she did not supported me for education but always taken money from me,bad mouthed abt my father and grandpa
relatives had asked money from me and she always told them not to return money to me just to harrsme
there are many things ,can anybody give me such instances where I can prove her

Pavan   31 October 2022 at 06:06

Counterclaim divorce

is writing order Viii rule 6a mandatory in divorce counter claim?
In divorce counter claim ,I mentioned "
COUNTER CLAIM FILED BY THE RESPONDENT UNDER SECTION 23A IN HINDU MARRIAGE ACT,1955" but I forgot to mention order viii rule 6a.Is it ok or invalid

Anonymous   03 August 2022 at 09:16

Nbws in crpc125

My brother is regularly paying maintenance of Rs.4000 PM to his child. The wife intentionally admitted in a reputed school of Fees. 16,000 PM and only education arrears are pending and NBWs are issued. His income is Rs.15000/ as he is working in a small company and all records are there. Now 1) shall he file modification order u/s 127 CrPC retrospectively and warrants recall petition in the same family court ? or Go to high court for revision of the interim maintenance order which was issued in 2018 with condone delay. the order is to pay educational allowances actually.

prakashsingh   25 July 2022 at 16:18

Filing a divorce petition

Dear respected experts,

I am writing on behalf of a friend who is facing trial against his wife under 498a. The trial is underway for almost 10 years and he has been sent judicial custody in the beginning. He doesn't want to live with that lady again, so he has filed a divorce petition twice but got rejected.

Our questions are:-
1. Do we need to file another divorce petition separately or the judgement of 489a will be enough for treating them separated?
2. Will the judgement of 498a help him file a successful divorce petition?

Thanks in advance..

Vishali kumar   29 May 2022 at 09:28

How to get court order by ex - parte

Please let me how to get court order final copy by ex - parte. Is it possible for the ex parte to the judgement copy. Thanks in advance

Anonymous   23 May 2022 at 18:46


Hello sirs,

After a desertion of a year my wife has filed a petition for RCR wherein she has filed an application for claiming maintenance u/s. 24 and 25 of HMA and U/s. 125 of CrPC. Can she file both application simultaneously? can both applications filed by her for claiming maintenance are maintainable?

vince   03 May 2022 at 11:30

Queries regarding family dispute and property.

I needed your advice regarding a problem

I am a married man living with my parents in the same house. The house is on my father's name. My younger sister has been married. All the house and other expenses are carried out by me. Presently there are lots of fight going on with my parents and the reason is my sister provoking them by saying lot of false things to them about me and my wife. Also since her husband is on ship, she happens to stay at my place almost daily which is creating a lot of problem. So I have some doubts which I need some inputs from you.

1. How to find out whether my father has created any Will. Can I have any knowledge about it without asking them so that it doesn't create more problem.
If he hasn't made a WILL, how much percent of property am I entitled to? Like would it be 50-50 between me and my sister, or I would have more hold compared to her?

2. What if he decides to give this current house and his earned money which is in bank account to my sister and nothing to me?(There is a high probability this could happen) Is there any way I can fight for it legally. Do I have to preserve any proof at present which will help in future.

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