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Mutual Divorce Petition filed, filing contested divorce petition
13-Nov-2023 (In Divorce Law)
My niece had filed a mutual divorce ( |as per Hindu Marriage Act) case as her husband has been not keeping her with him and not supporting financially. The court sent for mediation and there has been no agreement on Maintenance. It has been referred back to judge as Not Resolved. Boy's parents or husband are not agreeing to give her maintenance till her remarriage.
What are the options she has? Can she file a contested Divorce case ( in addition to ongoing Mutual Divorce Petition) in addition to Mutual one to seek justified maintenance. She is seeking maintenance from her well earning husband till her re-marriage. There are evidences which show the moneys boy has been receiving for my niece's family when she was not working and also after she took up a job at the coercion of boy and his family
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Adv. Akhilendra Kumar Choubey
Delhi | 50+ Answers
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Respected sir
you stated that your niece has filled a mutual divorce .if she want to maintenance from her husband the she file a separate case under section 125cr.p.c against the her husband and get the maintenance .
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Adv. Ravindra Kumar Panwar
Delhi | 200+ Answers
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Mutual divorce holds the wholesum for maintenance and the same has been discussed before filing. If the husband is not agreeing to give the maintenance then you can address to the court for not giving consent and file a contested divorce and maintenance. Maintenance is the right of the wife and vehemently can not be denied.
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Adv. Prashant Vaxish
Delhi | 400+ Answers
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