Legal advise to maintenance case, hindu marriage act..

703 votes

S.Gunasekar Advocate Answer. It seems you are in a complex situation involving divorce, mutual consent, and maintenance claims. Here are a few things to consider: 1. Mutual Consent Divorce: If both you and your wife agreed to divorce in front of the judge and were asked to file for Mutual Consent Divorce, the process generally involves two petitions – one at the time of filing the divorce and the second after a cooling-off period, usually six months, to finalize the divorce. If your wife is not attending court for the mutual consent divorce proceedings, it could cause delays. You may need to communicate with her to understand her stance clearly, and if she continues to avoid the proceedings, you might want to approach the court to bring this to the judge’s attention. 2. Maintenance Case: If your wife has filed for maintenance, you will be required to attend court hearings and provide relevant evidence. The court will decide whether she is entitled to maintenance based on the facts presented, such as her financial condition, whether you were providing support, etc. Maintenance is not necessarily tied to the divorce but can be awarded even during the divorce process. 3. Possible Solutions: Consult your Lawyer: If your wife is not attending court or cooperating, your lawyer might help by filing a petition to bring her to court. If there is no mutual consent, the court may proceed with other methods, including adjudicating the divorce based on the grounds provided in your petition. Compromise or Mediation: Before taking further legal steps, consider seeking a mediator or counselor’s help to reach an agreement that satisfies both parties. Maintenance Case: Regarding the maintenance case, make sure you attend the hearings and present your financial situation, your ability to support, and any other relevant information. The court will decide based on evidence. It's crucial that you continue with the legal process, attend court hearings, and seek legal advice on how to handle the maintenance issue alongside the divorce petition.

Advocate S Gunasekar LawRato

910 votes

hi, Felix here, I can well understand your concern from the query raised, your wife has a legal right to apply for maintenance and you are duty bound to give her maintenance, and fixing and awarding of maintenance changes from case to case and weighs in on a lot of factors, you can contact me for further clarifications, thank you

LawRato LawRato

532 votes

wife files for maintenance before a mutual consent divorce, a potential disadvantage is that the agreed-upon terms of the divorce, including financial settlements, may be challenged, potentially leading to disputes and delays.

Advocate Veni LawRato