Legal Question in Family Law in India
I have filed two cases against my husband one for dowry and the other one for maintenance as we have been living separate for two years and i have no source of income The cases have been going on for past two years and no result seems to come out I have been fed up and decided to take the divorce and take back all the cases Will this decision be a witty one or I may further suffer from other accuses or counter cases after withdrawing the cases.There are no chances of any mutual divorce and the cases which are pending for past two years haven't been settled only the court has ordered 2000 rs monthly as interim maintenance which amt also have not been paid so far......
1 Answer from Attorneys
Madam, it is only a interim maintenance order and at the final order the court will grant the maintenance and if your husband is not paying the maintenance you can file an execution petition and attach his salary or property and there is no sense in leaving the case at this stage and the maintenance will be awarded normally from the date of filing the Petition and as interim maintenance is 2000 you are quite likely to get more maintenance in the final order so wait and file an execution Petition for recovery of maintenance awarded. If there are no chances or mutual consent divorce you have to prove the grounds on which you are seeking Divorce and if you leave the Divorce case at this stage than again you have to approach and start again if you need Divorce in future..
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