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Effect of mentioning maintenance amount in Reply to Divorce Petition


18-May-2023 (In Divorce Law)
Hi dear lawyers, I am in the procedure of drafting a reply to the divorce petition filed on me by the husband under Hindu Marriage Act. In this reply to petition, my lawyer has told me to mention an amount for final maintenance and an amount for interim maintenance in the prayer section of the petition. I do not want to file an application of interim maintenance immediately at this point along with this reply to petition, and want to wait for a few months after the petition lands into the husband’s hands and he becomes aware of the cruelty done to me, before proceeding to any money matters. I wanted to know if the court, on the basis of the figures mentioned in the prayer of the reply to the petition but without the actual 24 HMA application being filed, can direct me to file an affidavit of assets at this point only. Or the affidavit of assets would be requested by the court only after I file a separate application for 24 HMA ? Thanks in advance.
Answers (2)

Answer #1
555 votes
Hello, i perused your query relating the divorce petition and your reply over the same. it is upto you to file simple reply or to file interim maintenance application alongwith the reply. if you want to wait for few months to see what the next step will be taken by your husband then obviously you can wait. you can claim final maintenance amount whatever it will be, no need to file affidavit of your assets and liability. this provisions are for the maintenance and DV proceeding. for more details book appointment through LawRato and contact me.
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Answer #2
878 votes
Well, facts of your case are not full. Seems you have hidden certain information from me, because of which, I cannot give you legal advice until you disclose such facts. So, let us connect on call first to understand facts of your case and then I will give you legal advice.
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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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