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Kumar   04 June 2023

Divorce case

1.  The case was filed on desertion grounds and now it is in arguement stage. 

A. The respondent is not showing up for the case hearing for long time . Do i  have to submit any written arguement document or i have to wait for judge instruction for next steps 

B.  During judgement  court ask to pay maintenance monthly or  one time settlement . how to request for one time settlement 



Learning

 4 Replies

Niharika Lohan   04 June 2023

Hi Kumar, I'm Adv Niharika and this is my take on your query.

A-  you must discuss with your lawyer to proceed ex parte against the defendant under Order 9, Rule 6, CPC.

As it is for you to expedite your case proceedings. If you keep waiting for the other party to appear. The judge will be of the opinion to wait till both the parties arrive but you must take the process in your hands as far as possible. 
 

B- settlement of maintenance (permanent alimony or monthly) takes place after contesting the entire case, when the judge has heard both the parties and their arguments, then the Court comes to a stage to determine maintenance. This can take a long time. Until then Court might grant interim maintenance.

I will advice you to settle one time outside of court. Take a competent lawyer who has enough influence to get people on table and to a mutual decision without getting into judicial proceedings.

I'm attaching a relevant link, wherein the experts are discussing the on the same topic.

https://www.lawyersclubindia.com/forum/approach-for-one-time-settlement-156778.asp

i hope this information is fruitful to you.

For further questions, you can contact me at Niharikalohan@yahoo.com

 


T. Kalaiselvan, Advocate (Advocate)     04 June 2023

If you are the petitioner and the case has to come to the argument stage, then why are you waiting for presenting your side argument.

You can either file the written argument or present oral argument to your convenience.

You do not have to wait for the respondent to file their side argument.

If you have sought it as a prayer to grant you one time alimony by invokling proper provisions of law in the pleadings for this then in the judgement the court may pass suitable orders.

If you are aggrieved by the court's decision in this regard you may prefer an appeal to get your grievances redressed.

 

 

Dr. J C Vashista (Advocate and Legal Consultant)     05 June 2023

Facts posted are incomplete and without your locus standi to the query for which experts have to presume that may or may not be suiting to you.

 

Alpa Jogi (Advocate) (Lawyer / Advocate)     06 June 2023

Pointwise reply is as below:

A. Yo can submit your arguments in written or orally as per you/your lawyer's convinience.

B. You have mentioned that it is a divorce case. Maitenance is not decided in divorce case. You have to file separate case under Sec 125 of CrPC for claiming maintenance.

Regards

Alpa Jogi (Advocate)

Divorce Lawyer in Ahmedabad

 


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