Maintenance dispute resolution in ExParte Divorce

649 votes

an ex parte divorce decree is legally valid and the only remedy that a wife has is to appeal against such a decree as far as maintenance goes it is filed by the wife. therefore the question of avoiding summons does not arise. maintenance proceedings do have a nuisance value but they do not go on forever.

Advocate Kunal Seth LawRato

674 votes

If the wife is deliberately avoiding service of summons, the court can eventually allow substituted service (like publication in a newspaper). If she still doesn’t appear, the court may proceed ex parte (i.e., in her absence) and decide the divorce case based on your evidence. Further with respect to maintenance: 1- If she has not filed any maintenance case, she can still claim maintenance within the divorce proceedings under laws like Section 24/25 of the Hindu Marriage Act. 2- If she has already filed a separate maintenance case (e.g., under Section 125 CrPC or Domestic Violence Act), then that matter will usually be handled independently, and the court may adjust amounts to avoid duplication.

Advocate Priyank Upadhyay LawRato

643 votes

There are other ways to service, at times court also allows through wats app or email, we may also request for serving in the company if your wife is working. Other than this there are various other modes of service of summons which we may ask for and apply for through court. I agree that your question and issue is painful, however these are the only ways to counter the acts of your wife. Even in divorce there is a provision to apply for maintenance, and double maintenance cannot be granted if already issue of maintenance has been decided. Which is section 25 of hma. Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent. We may also out of box basis your income affidavit attempt to file an application regarding maintenance and see how the court responds. This is an issue for many, maybe a solution through a proactive manner may be sought.

Advocate Shivali Sharma LawRato

895 votes

The conduct of the Party can be shown. The wife can be directed to put on record her income affidavit in order to ensure that she is not concealing any income generated and also in order to make sure that she is not unduly given any maintenance amount.

Advocate Shambhavi Sharma LawRato

555 votes

You can request the court to serve your wife through WhatsApp along with other modes like speed post or newspaper publication. If she still avoids appearing, the court can proceed ex-parte. Law now supports strict action against parties who deliberately avoid summons.

Advocate Nikhil Karwal LawRato