1)if your husband is not appearing in court then court can proceed exparte in the mater
2) you can file application and seek maintenance from your husband for your self and child under section 125 cr pc
Divorce
I am separated from last 6 years reason very abusive. My daughter 13 years old staying with me. I have already filed the case 2 years back but on a date, he finds one or the other reason to avoid the court dates. Because of my new job I have stopped going to court from last 2 years. Now I want to file the case as he is only paying her school fees excluding school bus transport, school dress, stationary and other day to day expenses. Kindly advice how to proceed.
Asked 7 years ago in Family Law
Religion: Hindu
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6 Answers
1. You seem to be interested in obtaining maintenance from him and if that is so you will have to file case under pwdv act.
2. Therein the court will pass order of full maintenance for child.
3. Do follow up your divorce suit as well if necessary engage another lawyer.
If he is not paying the maintenance amount properly then you may file a maintenance case against him.
If you stopped attending court then you may lose the case, the court may dismiss the case if you dont show any interest in it.
You will be stranded and left alone to face the miseries if you dont follow up your case properly.
You should ensure that you yourself do not become a reason for your worries.
Dear ,
there is provision in criminal procedure code...section-125 clearly says ..regarding the maintinance...of family...divorcee is always free to file the matter in the court of law...
Regards..
Mob-No-[deleted]
You can file for maintenance of your daughter under section 125 CrPC. The maintenance has to include school fee and cover all expenses related to her education and also her basic needs.
1. You have already filed the divorce case against your husband.
2. Your husband was avoiding to attend the court earlier and for the last 2 years, you are also not attending the Court hearings.
3. Find out what is the status of the said case from your lawyer. if he is not attending the hearings, ask your Advocate to pray for ex-parte hearing at the earliest.
4. If he is not paying maintenance for your daughter as per court direction, place the sad fact before the Court for further order and penal order for not complying with the order passed earlier directing him to send money for a certain amount to you for your daughter.
