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Can a appeal be made to high court for maintenance


15-Feb-2023 (In Divorce Law)
My husband applied divorce in the year 2009. I have applied conjugal rights. I have 10 years old girl child. He is not ready for mediation. Counseling done. But he want only divorce. Now I fed up. He is working as scientist in drdo, central government employees. Getting 1.5 lakhs monthly also having own house and car. Now I am getting 15000/ month as interim maintenance. I am Be MBA graduate. Right now doing business as daycare preschool and tuition privately. Now enquiry crossing is going on. Got direction from high Court to complete the case within April Since iam taking tuition February and March is exam time. So i am not able to attend case. But judge is forcing me to come or else it will be exparty he said. What to do?. I am also not interested to live with him. I taught of asking 50 lakhs. But he is ready to give only 10 lakhs. I need suggestion.How much I can ask? How much I will get? Or after getting low court judgement shall I appeal to high court for settlement
Answers (3)

Answer #1
608 votes
You and your husband can work out compromise, as both of u not interested in marital life, can seek for divorce by mutual consent.
You can settle the issue of custody of child by mutual consent, regarding permanent maintenance, it will be decided mainly on paying capacity of the husband and living standards of wife, you may get decent amount as alimony as your husband is financially well off.
Answer #2
828 votes
As the divorce case is pending from 2009, you need to attend the court in order to avoid an exparte decree. If there is any exparte order or decree, you can set aside the order or decree by filing necessary application. Dont agree for 10lakh settlement as it is very low.
Answer #3
794 votes
Hello,

Since there is a family case pending, it would not be possible to file a case in Highcourt. But however, you can have the case in the family court referred to the mediation and have it settled there. And also have a maintenance case filed on behalf of your son and claim the amount that you are intending for.

Thank you,
Varun

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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