Legal Question in Family Law in India
My wife has filed the restitution of conjual rigts in 2009 after she left the house.I agreed for the restitution of conjual rights in first hearing.But she did not return back and She dragged the case for two years and now she withdrew her petition.
simultaneously she has filed the domestic violence case in 2010 against me and my family members saying lot of false allegations and asking interim maintance.But till now she did not file any evidence and dragging the case for two years.
without filing any evidence her advocate asked my advocate come for arguments for these allegations.
But my advocate asked them to file evidence.
1,Without filing any evidence for these allegations whether she have rights to ask interim maintance?
2,What is the procedure to finish these case?
3,Whether court will give any order?
3 Answers from Attorneys
You have not stated your state, however in Maharashtra 1) & 2) She is required to file application for interim maintenance and her affidavit with main complaint of Domestic Violence. Then you will file reply and your affidavit and then the argument for interim maintenance. 3) the court will make an order for interim maintenance or reject the same depending upon the evidence filed and arguments of the parties.
You should start making payment of maintenance amount without waiting for a court order; and try to reach an amicable out of court settlement.
it is the discretion of the court whether to allow interim maintenance after hearing the arguments of the counsels or direct the petition to file her evidence qua maintenance sought by her. in any situation, the process of law needs to be followed. regarding settlement or finishing the cases, it all depends upon the case itself.
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