Legal Question in Family Law in India
Hi, I have filed DVA in the court around march.later the judge moved to PO and then after all legal proceeds it came to court.on July 2009.but there is no judge from may 2009, even if appointed they are in leave. In DVA i have claimed for MaintaNENCE FROM MY HUSBAND WHO FILED dIVORCEE IN JAN2009.after summoning to all acccused he appeared in court. but all the accused was not present atthe same time, the court refused to give DVR copy asking all to be present at the same time.intentionall y they are delaying to come even though they reside locally. my husband now went to USA as he was here for a short vacation last time. how to process the legal proceedings. I haveno income depending on the DVA interim Relief
4 Answers from Attorneys
You can file for maintainance in your husband's divorce case if the same is filed in India. Otherwise there are some other options, which can be advised only after a reading of Your husband's petition and your DV case petition.
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Mr.Sheshdari is right, if you will apply for maintenance in divorce petition then either he has to apper and give you maintenance else court will dismiss his divorce petition. Rest you can send notice of your DVA case at his place in USA also.
Else you can also proceed PO proceedings once again and then USA may depute him back to india.
Regards
You may also claim maintenance in the divorce petition filed by your husband.
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