Legal Question in Family Law in India

My wife has filed the case of DV act in 2007.

I was not going to court in the beginning bcoz my lawyer has asked me that he is having the permission of court for not appearing in person but in fact he himself was not going in court so, court declared me X party .

But luckily on the date of decision of interim maintenance i personally appeared in court and explained the matter and then court allowed me to appear in court.

I've filed all the replies and documents according to procedure and directions of court . Court has asked my wife many times to file the replication and order copy of decision of sec-24 given by ADJ ( in which ADJ has order me to pay the sum of Rs 5000 pm to my wife but i had not given that amount so my divorce case was dismissed ) but she is not submitting anything. and ask for another date from last 4 dates.

can judge order me to pay interim maintenance only on behalf of order copy of decision u/s 24 .??

I'm having the proofs that those orders was not appropriate and the case / allegations are fake and at that time i was not capable to defend my case

Can i ask the court to dismiss the case as girl is responding in the case ???


Asked on 3/28/12, 9:49 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you have spoiled your case by not paying the maintenance and by not even challenging the order of maintenance in a higher court. better challenge the order of maintenance for appropriate relief.

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Answered on 3/29/12, 4:13 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 4/02/12, 9:53 pm


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