Legal Question in Family Law in India
Divorce case filed by husband under 13(1)(ia) & now he want to convert it in 13(1)(ia) + 13(1)(ib).
Husband filed an application in court title � APPLICATION IN BEHALF OF PETITIONER UNDER SEC-13 OF FAMILY COURTS TO ALLOW THE PETITIONER TO ENGAGE AND CONTEST THE ABOVE NOTED CASE THROUGH ADVOCATE
Q1- can this application be passed in family court ? how can I opposed this application?
Q2-In these application he also request the court to allow him to leave the court & to represent his lawyer ,is it possible in divorce case .?
Q3-If 13(ib) is added with 13(ia) by judge, whether my maintainance will be redused or not?
3 Answers from Attorneys
Your claim for maintenance survives even after divorce, unless you waive it by way of compromise recorded in a mutual consent divorce.
as per family court act, it is the discretion of presiding officer to allow a party to be represented through a lawyer. amendment in his petition may not have any effect on the maintenance already granted to you by way of interim order.