Uma Maheswara (consultant) 08 December 2015

Maintenance petition - high court

Dear Experts,

My wife filed 498A case at Rayagada, Orissa and also Divorce and Maintenance cases at Visakhapatnam. I lost my job after my wife complained about my arrest in 498A case to my company. The 498A case was dismissed and Divorce granted, the Family court judge ordered me to pay 5K per month as maintenance. I applead to the High court at Hyderabad and the Highcourt judge ordered me to pay 3K per month as interim maintenance and asked my lawyer to send documents to my ex-wife, but my wife is not receiving, I recived an acknowledgement saying it is "in-correct address" but I know that it is her permanent address and she is staying with her parents in that house at Rayagada. Is it possible to give the Highourt documents in the family court when she is coming to collect the maintenance? Kindly advice what can be done.

Thanks in Advance,
Mahesh

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prabhakar advocate (advocate) 08 December 2015

If you serve the HC notice in family court without court order, she may refuse to accept it. So, move an application saying that she is deliberately avoiding the court notice and hence seek permission to serve the HC notice through family court on such and such date or alternatively allow you to give newspaper publication. The HC will pass suitable orders.

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