Maintenance issue if i file suit u/s 13a

B CHAKRABORTY (Querist) 19 January 2016 This query is : Resolved
Sir,
Got married in Feb,2011 and due to differences between us we are living separately from August'2013. After one year she gave me a mail and asking for mutual divorce and accordingly we filed a petition for mutual divorce u/s 13B of H.M.Act 1955.

But surprisingly on the appearance date i.e. on 16.12.2015 (i.e. after six months of filing) she did not come and present at the Court and also did not inform us anything, I was present at the Court and took another date in January2016. Now, the situation is neither she wants to come back nor wants she to finalise this issue , so that I can not re-marry.

Now if the said petition is rejected, Whether I should file another petition U/s 13A clause 1(ia) or 1 (ib) or both. Also please suggest that if I file the petition U/s 13A , CAN SHE CLAIM MAINTENANCE IF I PROVE THAT I AM AN UNEMPLOYED MAN . But she has clearly written in mutual petition that she does not want any maintenance, has received her all ornaments from me does not have any claims from me and she is a self employed lady.

If I file petition U/s 13 1(ib), how long the case will continue and how much maintenance (approx.) can be granted from an unemployed person. I do not have any child or immovable property or immovable property, living in a PG house.

Please suggest.

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SAINATH DEVALLA (Expert) 19 January 2016
Wait till the next date and act according to UR lawyer.Unemployment is not an excuse for evading maintenance ,unless she is qualified enough to maintain herself.

H.M.Patnaik (Expert) 19 January 2016
Very well advised.

Devajyoti Barman (Expert) 19 January 2016
If the MCD is dismissed you can file another one if she is so agreed.
You can file contested suit for divorce.
Yes, unemployment is no excuse.