Petitioner not filing affidavit in maintenan case@AP family

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 !

Express your problem to the judge clearly and bring their malafide intentions in not filing affidavit expeditiously by adopting the delaying tactics. If you will not tell your problem to judge, the judge cannot help you out.  If there would be undue delay by the other party to file affidavit, there is a remedy to approach the High Court, but it also takes  a lot of time for disposal in High Court.

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.

whenever the judge opens your file, either your advocate or yourself have to say whatever you want to say.  You are not supposed to write letters to the judge.