Divorce and 125

Querist : Anonymous (Querist) 07 November 2023 This query is : Resolved
My cousin's wife filed a maintenance order for 125 years ago. My cousin has submitted the affadavit for non-agrarian deponents, but his wife has been evading it. Meanwhile, my cousin filed a divorce two years back. His wife's lawyer wants to withdraw the maintenance suit on grounds of the pending divorce matter. My cousin's lawyer is advising him not to not press the divorce /withdraw it so that the maintenance proceeding is not dropped. He has also filed contempt against the wife for submitting some wrong data. What we want is divorce and visiting rights over his child. Is my cousin's lawyers advice a good one? Is there any advantage?

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Your cousin is facing a complex situation involving a maintenance order filed by his wife and a pending divorce case. His wife's lawyer wants to withdraw the maintenance suit due to the ongoing divorce, but your cousin's lawyer advises against withdrawing the divorce, suggesting it might jeopardise the maintenance proceedings. Your cousin seeks divorce and child visitation rights, and questions whether his lawyer's advice is sound and if there are any advantages to this strategy.

kavksatyanarayana (Expert) 07 November 2023
Your query has no clarity. Your cousin's wife filed the maintenance case for 125 years or 25 or 12 years? Without divorce how did his wife file the maintenance case? If so why your cousin filed a divorce case two years back? Without divorce, the question of maintenance and child visiting rights does not arise.

T. Kalaiselvan, Advocate (Expert) 08 November 2023
Your question lacks clarity.
However the advise for withdrawing the divorce case at this stage do not seem to be a proper advise.
If she has filed the maintenance case, he can challenge the same why should he be bothered about her withdrawal of the maintenance case, please post some relevant details if you are really serious about obtaining proper opinions to your questions

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