Should I not reply to the divorce summons is this correct for exparte

Question

Should I not reply to the divorce summons is this correct for exparte

08-Jan-2023 (In Divorce Law)

My brother is in the army. His wife has filed a divorce under section 24 seeking interim amount and declared she is earning 20k. My concern is should I respond to the petition filed by her or keep quiet and be declared ex parte. What if I don't reply. Someone suggested she might demand maintainance later and go for the army act if I don't fulfill her demands. Pls guide

Answers (4)

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Advocate Aniruddha Prabhatkumar Pawse LawRato · Accepted Answer · 2016-01-08T08:54:18+05:30

Answer #1

Unless and until the copy of petition is peruse and one is fully conversant with facts of the case it is impossible to advice you whether to contest the case or go for ex parte divorce. However with regard to maintenance as she is earning even if she claims interim or final maintenance the court generally rejects application unless your income is much higher than her.

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Adv. Aniruddha Prabhatkumar Pawse Adv. Aniruddha Prabhatkumar Pawse

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Advocate Riyaz Khan LawRato · Accepted Answer · 2016-01-08T09:17:24+05:30

Answer #2

You should always response to such applications for interim maintenance. If you fails to response court will decide exporters order on interim maintenance and same will be binding on you. Another aspect is that maintenance amount will be decided in the main petition. Army act does not attract in such matters.

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Adv. Riyaz Khan Adv. Riyaz Khan

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Advocate Sandeep Bhaskar Naik LawRato · Accepted Answer · 2016-01-08T09:36:30+05:30

Answer #3

Ur query is vague. I dont understand how and which army act u r asking ? What ur lawyer is suggesting and how he is going to tackle ur problem is best known to hi. However, one thing is certain, her claim for maintenance will not be accepted as she is earning reasonable amount to maintain herself. However, nothing is clear whether u have any child . Adv. Sandeep Naik

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Adv. Sandeep Bhaskar Naik Adv. Sandeep Bhaskar Naik

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LawRato LawRato · Accepted Answer · 2016-01-08T13:42:55+05:30

Answer #4

Hello, You cannot reply to her petition untill you have been given power of attorney by your brother. If your brother is ready for divorce then same contested matter can be converted into mutual consent if both parties agrees to common consent terms. If she is earrning and there is not huge difference in both parties income then working women is not entitle for mainteance.. If it goes ex-parte there are chances of adverse orders...

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