Divorce and alimoney case making life difficult for all the family per

688 votes

divorce has been filed it has reached evidence state case has not been disposed off point of evidence is given case has not been disposed she wants divorce is she working then the court will grant maintenance how will it work

Advocate Spiti Sarkar LawRato

775 votes

In such a divorce case, if issues have already been framed and the matter is fixed for the wife’s evidence since September, but she has not led evidence, the case does not automatically get disposed of merely because of delay. The court normally gives opportunities to the petitioner to file affidavit-in-evidence, produce documents and appear for cross-examination. If she repeatedly defaults without sufficient cause, the husband can move an application before the Family Court requesting “closure of petitioner’s evidence” and dismissal of the petition for non-prosecution, or at least strict last opportunity with cost. Family Courts usually try reconciliation and prefer deciding matrimonial cases on merits, but a party cannot keep the opposite party under endless litigation. The husband should check the order-sheets: whether evidence affidavit was filed, whether summons/notices were pending, whether mediation/reconciliation was ordered, or whether the court itself was adjourned. If delay is from her side, file an application for expeditious disposal and closure of evidence; if maintenance/alimony is claimed, file detailed objection with her salary proof, ITR, bank statement, job profile, lifestyle, qualifications and liabilities. A working woman is not automatically barred from maintenance, but her independent income is a very relevant factor; as held in Rajnesh v. Neha, parties must disclose assets, income and liabilities, and maintenance depends on real financial capacity and need. No dowry having been given is relevant against false dowry allegations, but alimony is not decided only on dowry; it depends on marriage duration, income, conduct, needs, children and standard of living. Therefore, the next practical step is to press the court for last opportunity/closure of evidence and early final disposal.

Advocate Lalit Saxena LawRato

766 votes

alimony is the absolute right of a woman. but if she is working then she can't ask for maintenance. if she have any ground for showing cruelty by you then she got success. but if you submitted you readings well then divorce petition got rejected by the court. you would appoint a good lawyer

Advocate Satish Bhati LawRato

582 votes

Agar evidence stage ke baad se petitioner (wife) ne apna evidence produce nahi kiya hai ya baar-baar adjournment liya hai, to sirf is wajah se case automatically dismiss nahi hota. Court aam taur par ek se adhik avsar deti hai. Aap apne advocate ke madhyam se early disposal, no further adjournment aur evidence close karne ki prarthana kar sakte hain, yadi paryapt avsar diye ja chuke hon. Alimony ka claim sirf is baat par nirbhar nahi karta ki dahej diya gaya tha ya nahi. Yadi patni working hai, to uski income aur dono pakshon ki arthik sthiti ko dekhkar hi court maintenance/alimony par nirnay leti hai. Case ki copy aur order sheets dekhkar adhik satik salah di ja sakti hai.

Advocate Aprajita Shukla LawRato