Naresh (In search of job) 14 November 2010

Petitioner not filing affidavit in maintenan case@AP family

Dear members,

I filed divorce case and the wife filed maintenance case u/s 18 HAMA in family court @ hyd . Reconciliation efforts failed about 6 months back. Till now, they are not filing affidavit to start the evidence and cross examination stage. Even in the court, they simply giving the next date, spaced one month duration!!!

My question is:

1) How (many dates) long the court can wait before asking the petitioner to submit the affidavit? If the court doesn't ask the petitioner, then can the respondent file the affidavit to force the petitioner also to submit the affidavit? In AP, it is mandatory to submit the affidavit to start the court process is what I am told.

2) Currently, divorce case is @ cross, if it is disposed earlier, but the maintenance case is still pending, will I need to continue pay interim maintenance. For the sake of interim maintenance, they may choose to delay the maintenance case. How to stop this, if they try to delay? The reason, is family court ordered interim @ 5000, but if the court goes by merits, then she can't be paid much as I am without job. So they want to delay it, saying money is not paid. They don't want case to come up for hearing. Even, HC says it is the duty of the husband to pay money, without trying to dispose based on the merits. So, what is the remedy?

Please help

Reply Follow

4 Replies

Tajobsindia (Senior Partner ) 14 November 2010

1. How can Divorce suit proceed (means can come to cross stage) without Maint. U/s 18 HAMA being decided or dismissed as the case may be?

2. There is something technically wrong in your que. to enable a reader to answer the second part !

Naresh (In search of job) 14 November 2010

Thank you Prabakar sir,

I am not given time to talk to the judge as there will be a long list of 100 cases or more on the day of date and in most of those cases, simply they will see, if the petitioner/respondent present to record absence/presence and the next date is given. In that short period of time, when they call to record absence/presence, I couldn't muster courage to talk to the judge, since my lawyer advised (same is the case with almost all petitioner's, they also will be silent) not to speak unless, judge asks himself for anything. So, I'm fearful to talk to him, with so many people waiting to be cleared and whether judge will listen to me, so will be silent. Out of backlog of such cases, he will pick a few them for the hearing in the after noon session.

In this situation, how can I plead to the judge and explain him about the delaying tactics being played by the other party? Do you think is it appropriate to write him a personal letter to take cognizance of this?

Please help.