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Cancelled of maintenance when wife is untraceable


03-Apr-2026 (In Divorce Law)
How can Courts decide on alteration of maintenance petition, if wife after obtaining monthly maintenance Order goes missing.? Hiding her employment and not traceable to serve Notice/Summons. But she has definitely plans to recover the arrears of maintenance after decades.
Answers (1)

Answer #1
982 votes
If she fails to appear after substituted service, the court has the power to proceed Ex Parte. The husband can then present evidence of her employment if any or her disappearance to seek a stay on the operation of the previous maintenance order. ​ Seeking a Stay on Arrears ​To prevent the recovery after decades scenario, the husband must pray for an interim stay on the execution of the maintenance order. Documentation showing her absence and the inability to serve notice serves as strong grounds to argue that the order is being misused.
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