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Ex parte divorce has been given but maintenance case is still pending


06-Apr-2023 (In Family Law)
My Wife Filed 125 Maintenance case and I filed Divorce Case thereafter. In the both the cases She is not appearing in the Court. she missed to dates in Divorce and two dates in maintenance case. In divorce case Judge sir directed to paper publish the notice to appear before granting ex-parte. Sir, Kindly tell me what to do with the maintenance case. And what happens in after ex-parte in divorce. can my wife harass me by lingering the case for a long period? I am very tensed as I am preparing for Government Job. will it create any hindrance in getting a govt job. Thank you
Answers (5)

Answer #1
819 votes
Dear friend she has filed divorce case and also failed to attend the court. After paper publication he she doesn't appear then you press the matter accordingly before court.You have not mentioned what's your stand in divorce case.Whether you are agreed or contesting the case.Consult with an experienced lawyer
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Answer #2
995 votes
If she don't appeal before 60 days to cancel divorce then your divorce is final. Maintenence you have to give as she is legally married wife till she marry for second time. This has nothing to do with job tell your advocate to settle the case by permanent alimony.

Answer #3
942 votes
Exparte divorce case will decide one time permanent alimony .try for it . I think if some amount of maintenance is already ordered , you have to pay that till divorce granted with alimony amount if not included .
Answer #4
694 votes
U r not clear whether you have obtained exparte divorce decree or u have been directed to publish notice before passing of exparte divorce.After passing of divorce decree,u both are no more husband and wife if the order is not chllanged.Permanent alimony matter will be taken up by the court
Answer #5
727 votes
Dear client,
In your case if your wife will not appear before the court after paper publication then the court passed ex-parte decree in favor of you .in maintenance case you pray before the court for dismiss the case as because the petitioner (wife) of the maintenance case not appeared before the court.
If your wife intentionally avoid to attend the court date for lingering the case then definitely she will set-aside the exparte decree by showing any false reason only to lingering the case.i suggest you if such type of situation will be happened then you strongly objected it and also challenged it .
Sub judice divorce and maintenance case can not create any problem for getting any govt job.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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