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Hmop and mc filed 2 yrs no solution what next? I have no kids


18-Apr-2023 (In Divorce Law)
I filed section hindu,13(a) (b) on grounds of desertion past 10 yrs in hmop in 2017 and had also filed MC 125cr pc in 2017 , he has not been attending the court regularly and so I got exparte divorce 2018 which was set aside in 2019 with delay of 155 days . We had gone for one time counseling and was immediately sent back to court and also mediation was done for settlement amount with both parties not aggreing to the amount ! Kindly suggest what to file next , 1.Do I have to counter file set aside of divorce exparte petion or allow it ? 2. How to get monthly maintenance until this settlement amount is agreed , he has mentioned he earns 45000 and takes care of his mother , he is MBBS MD and this is no way close to his salary I know ! How to get SPEEDY disposal of my maintenance case should I file a seperate SPEEDY petition as I have heard it should be complte within 6 months ?? also he has his fathers property 3 house with 2 brothers can I claim one house?
Answers (4)

Answer #1
766 votes
hi madam sir.
yes you file counter in setaside petition after that contact any advocate and clarify how to speed this situation

Answer #2
897 votes
you can claim the maintenance only. no property is attached to you. you may speed disposal of the case. but am not sure how much it will work on. are you need divorce or maintenance. if you need divorce then file counter
Answer #3
602 votes
1) no counter needed, the ex-partee is already set aside and his delay is condoned. So, he is officially a part of the case. He has to file Counter to your Plaint and begin trail.

2) MC let it get accrued. One fine day when the case is over, you can attach his property by filing a EP or Money Suit.

3) Check whether his expartee alone was set-aside or the order was also set-aside. Send me details to verify the same. or, do contact a lawyer of your choice.
Answer #4
658 votes
hi with reference to our law Rato request that you have already filed MC case before The Honorable Court as well as divorce also pending before the Court .yes you file petition for speedy disposal before the high court by presenting necessary application for fixing time to resolve this issue at earliest I hope clarified legal position .

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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