Legal Question in Family Law in India
Divorce filed by husband in 2008. then i file transfer casein2009 case transfer in 2010 after case transfer he is not attending case not giving maintainance to me how can I legaly force him to attend court & give my maintainance.give your advice.
I am not in favour to get divorce.
Legal Proceesure for how can i file to get maintainance attachement from salary.
If i proceed to dismiss the divorce case He will file again for divorce at his place.
which will be in my favour dissmisal of the case or to put in pending in legal way.
2 Answers from Attorneys
File a petition under Domestic Violence act for maintenance etc against your husband and once ordered by court to pay maintenance ,he would be bound to pay. With regard to his Divorce petition, if he does'nt attend his case ,the court would be left with no option to Dismiss the petition for default.
if you are not in favour of divoce then try to get the case dismissed x-party.
Regarding maintanace you have to file a case of maintanance before the court and ask for the maintanance.
If the case gets dismissed for non proscution then there are rullings of Supreme Court because of which his other case of divorce would be dismissed and would not remain maintanable.
last according to me dismissal of the divorce case would be in your favour. further you can also file a case of RCR.
lastly what I can advise you is that what ever step you take take very cautiously as one wrong step of yours can lea you to in a dangerious situation.
FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]
DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
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