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Wife didn't come for Maintenance case counselling


10-Mar-2024 (In Divorce Law)
i am married for 10 years now with a 9 year old daughter. we have been living separately since last 8 years as staying with her caused a lot of mental pain to me. Neither she nor any one from her family wanted to listen to me and and just kept telling me to compromise. I didn't file for divorce for the sake of the child and kept on saving some amount for the child through out. Now she filed for maintenance. The court scheduled 2 counselling sessions and she never came. should i file for divorce?
Answers (2)

Answer #1
651 votes
Dear Sir, It is very dangerous if you do not file Divorce case if interim maintenance is allowed in favour of your wife and child. You may seek Divorce on the grounds of cruelty as well as voluntary desertion for the last eight years. If any interim maintenance allowed then rush to the Higher Court and try to get a stay on such order.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

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Answer #2
965 votes
If your wife filled maintenance case and not appearing for mediation then send the case back to the court and fight the case based on the merit. You can file restitution under section 9 and don’t file divorce first. court will grant her more permanent alimony if you will go for divorce first. You can contact me for further help.
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Advocate Babita

Adv. Babita

LawRatoBangalore / Bengaluru | 200+ Answers
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