Should I not reply to the divorce summons is this correct for exparte

868 votes

Unless and until the copy of petition is peruse and one is fully conversant with facts of the case it is impossible to advice you whether to contest the case or go for ex parte divorce. However with regard to maintenance as she is earning even if she claims interim or final maintenance the court generally rejects application unless your income is much higher than her.

Advocate Aniruddha Prabhatkumar Pawse LawRato

813 votes

Depending on your brothers income and liabilities maintenance or no maintenance will be decided by court in case the petition is contested by you on behalf of your brother . in case the petition is not contested the court will have discretion to grant or not to grant maintenance

Advocate Aniruddha Prabhatkumar Pawse LawRato

611 votes

You should always response to such applications for interim maintenance. If you fails to response court will decide exporters order on interim maintenance and same will be binding on you. Another aspect is that maintenance amount will be decided in the main petition. Army act does not attract in such matters.

Advocate Riyaz Khan LawRato

642 votes

Ur query is vague. I dont understand how and which army act u r asking ? What ur lawyer is suggesting and how he is going to tackle ur problem is best known to hi. However, one thing is certain, her claim for maintenance will not be accepted as she is earning reasonable amount to maintain herself. However, nothing is clear whether u have any child .
Adv. Sandeep Naik

Advocate Sandeep Bhaskar Naik LawRato

681 votes

Ur brother's wife has filed has filed divorce against ur brother...Then how come u will reply ? Please clarify as ur query is vague and confusing. She has right to go for maintenance. It is urs brother to challenge the same on the ground that she is earning and can maintain

Advocate Sandeep Bhaskar Naik LawRato

545 votes

Hello,
You cannot reply to her petition untill you have been given power of attorney by your brother. If your brother is ready for divorce then same contested matter can be converted into mutual consent if both parties agrees to common consent terms. If she is earrning and there is not huge difference in both parties income then working women is not entitle for mainteance.. If it goes ex-parte there are chances of adverse orders...

LawRato LawRato