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