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Reshma   28 March 2017

Maintenance petition dismissed for default

hello sir my restitution of conjugtal rights case is at enquiry stage. my lawyer suggested to go for mainteance case after that, so i did not appear in maint case although both section 9 and 125 were filed same time. but last week my lawyer informed my mc case is dismissed for petitioner's default for non appearnace last 6 months. what will happen now sir? is this benefit for my husband? is it possible to reopen the same or file new one? otherwise, can i file new one in my husnband's native? thanking you sirs. thanks.



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 8 Replies


(Guest)
Originally posted by : Reshma
hello sir my restitution of conjugtal rights case is at enquiry stage. my lawyer suggested to go for mainteance case after that, so i did not appear in maint case although both section 9 and 125 were filed same time. but last week my lawyer informed my mc case is dismissed for petitioner's default for non appearnace last 6 months. what will happen now sir? is this benefit for my husband? is it possible to reopen the same or file new one? otherwise, can i file new one in my husnband's native? thanking you sirs. thanks.

You can put iced towel and sit on it now.  Both cases are dismissed for your non-appearance.  The Lawyer also did not appear is another funny thing.  Aisa bhi hota he part 3432

1 Like

Reshma   29 March 2017

thanks for your response sir.

restituion case is not dismissed, only mc case is dismissed. i will appoint a new lawyer if it can be reopened. kindly advise sir. thank.


(Guest)
Originally posted by : Reshma
thanks for your response sir.

restituion case is not dismissed, only mc case is dismissed. i will appoint a new lawyer if it can be reopened. kindly advise sir. thank.

Once maintenance case is dismissed, nothing much can be done.  By not appearing in court, you yourself showed to court that you dont need maintenance and thereby imply that you can take care of yourself.

Going to another advocate may be another option which you will have to discuss with the new lawyer only.  Why dont you simply rejoin with your husband?  Why divorce?  Life is very tough.   You need partner.  Why not reconcile with husband than simply file stupid cases which wont yeild anything??  Think about it. and reply.

Advocate Ram Prasad (Chief Lawyer)     29 March 2017

The court was very kind that it waited 6 Months before dismissing ur MC. either u were not serious with ur case / ur lawyer was negligent in not appearing on ur behalf. If u file a case persue it or dont file at all!!. u shd have changed ur lawyer if he was not cooperative. U dont seem to be sure what u want, simply filing cases n letting them dismissed will turnout advantageous to otherside.ur wasting courts time n public money, remember that there are other women & children who may be desparate in need of maintenance,  negligent women like u r delaying relief to other needy women.


(Guest)
Originally posted by : heartautohide4uheart
It is clear that you don't need maintenance because you could afford to file the case and then neglect it. It is also clear that you dont want your husband back because you are only thinking of filing cases on him - so your RCR also seems dubious to me. 

What is end goal you want? It seems that you want divorce and are filing cases just to get maximum settlement. If that is the case you are following flawed strategy. With this strategy only lawyer will make money. Your husband also has limited pool of money to spend on the marriage which is now in gutter. Every case you file - he will spend money on lawyer on his end - the less money left for your final settlement. If you drag cases for too long you will get zero in the end. The lawyer who advised you to file the cases will not be found anywhere, he will take fees from you and feed his family. 

If you want husband, go talk to husband and patch up. If you want divorce, go talk to husband and ask for divorce with reasonable settlement. 

Doing anything other than above 2 things is waste of time and money.

 

stanley (Freedom)     29 March 2017

It seems helping hand is in love with autohide4u as he is always showing 2 hearts to autohide4u kiss

1 Like

Reshma   07 April 2017

thank you all for your suggestions. i am working with new lawyer to file / revoke the dimissal.

by chance, if my husband comes to know about this dismissal, will this affect the dowry case i filed against my husband?  can he mis use this dismissal in any other cases? thank you.

Vegitta   27 April 2017

Dowry case,................? What u want to achieve u r filling case as if u r buying vegetables in market, didn't learn from ur past mistake. Filling criminal case do u have any intention to fight or just filling for as a tool for harassment, note such baseless case can fire you back in long run

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