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on paying the maintenance dues, if the opp party doesn't att

In search of job


Dear Ld. members,


Till paying the maintenance dues, wife cried to dismiss the divorce case(even wife is ready to give divorce, but on payment of 50L) filed by me, until all the maintenance dues are paid.


1. After providing her all the maintenance dues, if the wife refuses to attend the court, just to delay the court procedure so that she would get the more maintenance amount. Is there a remedy for husband? How can he argue that wife is deliberately not attending or even if she attends doesn't want to do cross exam, then what can he do? Can he pray court that he would not pay, for such months, when she refuses to cross exam?

2. Till how many hearings, she doesn't attend, will the husband ask for ex-party?

3. Is there any judgement related to this for this kind of situation?


If you look at it from a neutral perspective.......................



He is't paying maintenance to wife...for she to come to court...on time...for a case filed by him



But he paying maintenance because he is deemed liable to pay.....that's it.



If he pays maint to wife on time...he isn't doing any favour to wife.........but by not paying on time......he is definately doing a misconduct.



Adjournment is a different issue........Every court is grappled with it..................and you may ask for damages......but can't ask for ex-parte...when trial has progressed upto a stage of cross .................of exam in chief.


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Anyways you aren't paying more maint for for more time........



If a person starts taking blood pressure pills he has to take it till the end!!!



In this case, ........................First.......you have to take all pills (in arrears) in one shot!! ........................ and then continue to take those for rest of the life unless wife gets remarried (and before that if you maange to win the divorce filed by you)



This is what it is!!!



Your lawyer must be giving you an unfair advise.......check if your lawyer is also delaying the case or not......for your lawyer also...the meter is down for a long...why would the lawyer crib and why should he(the lawyer)?



First rule of the game is that................... if husband wantx to file for divorce then he necessarily has to appoint a very experienced lawyer.......And if a wife wants to file for divorce she can get free legal aid also...or even less experienced lawyer would do!!!





Maintenance in unjust for able bodied and I have sympathy for your case  since you are not earnings. On top of it you will hear talking heads claiming that hindu marriage act treats men and women equally - that is maintenance can flow either way - from man to woman or from woman to man. But in practical life it is one way street - and thats the way our law is currently. It does not mean that it is right.


Given the way the law is, I would advise you to be a prudent as you can, make moves that minimises pain for you and maximeses pain for the counterparty and help us raise the voice against maintenance.

In search of job

Thanks avinshji 

for ur kind words, with the law as it is now, the wife can't manipulate the case as she wishes and make our case weak, even when at the beginning, you would have thought you are on the upper hand.


A well educated and well informed wife can just use our current justice system as a weapon to further screw us, the situation of mine can described as falling from pane to fire, after filing this divorce case.


The wife has no intention to come back, but what to screw us, now with the case in the court, she can screw us from not being with us, happily minting money :-(

Don't know, when will I be out of it?


Answer already given  on 13.12.10 with judgment





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