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I filed a divorce case in 2021. My spouse didn't apper for the hearing and judge declared exparte in


04-Jul-2023 (In Divorce Law)
I filed a divorce case in 2021. My spouse didn't apper for the hearing and judge declared exparte in my favour. I have not filed any domestic violence case and I am a working lady. I am earning 50% less than my husband. I don't want to give divorce till the time I get alimony. Since the time he threw me out of the house with my son he has not paid any thing. My lawyer is saying I'll not get anything now. Can I withdraw my case and refile under domestic violence after sometime?
Answers (2)

Answer #1
903 votes
Divorce and maintenance are two all together different proceedings. you don't need to stop your divorce proceedings. you can file the maintenance petition. One is entitled to a maintenance petition till you get remarried. In fact you should have filed the petition way back in 2001 when you filed divorce petition.
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Advocate Ajay Garg

Adv. Ajay Garg

LawRato Ludhiana | 100+ Answers
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Answer #2
902 votes
answering about your carry you cannot withdraw your case and then file again a case under the same section but case such as under section 125 CRPC and your husband and there are other ways also which you can force the attendance of your husband in the court and take the leave you want regards
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Advocate Kashish Khanna

Adv. Kashish Khanna

LawRatoAmritsar | 25+ Answers
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