For claim in property and maintenance, separate suit only will file. No adjudication of such claim in divorce petition.

If you also wants diovrce than let it be ex parte, Filling reply/counter will stretch the case.

For stay at your place, she have to file application in another court.

Counter should file as soon as possible once appear in court.

section 12 A pertains to the nullity of marriage owing to the impotence of respondent, in case you are OK with that you need not appear and let the marriage be declared null,

pls clarify whether it is filed under section 12 or 13

if decided exparte, no worry for false charges

No, you are not admitting any thing neither denying anything. So it will not cast acceptance on you.

However, your present lawyer is suggesting  not to appear and get the case be ex parte, i suggest you to appear and counter all the allegations put by them. For counter, you will have to submit the written reply of her case denying all her allegations and claim. As per your input here, the case drafted wrongly by her lawyer and it will be dismissed for want of improper prayers. In case, you don't appear her allegations will be assumed to be true on face value.

she can demand "maintenance" even after the ex-parte divorce, until she does not remarry.
There is no limitation for filing the maintenance case, and it has nothing to do with the outcome of the divorce case.

better settle dispute amicably and You both can apply under section 13 B for divorce by mutual consent. before filing execute an MOU. 

You can seek time to file your written statement 

2) if you don’t contest wife can be granted ex parte divorce 

3) court can grant you time to file reply if you so desire 

4) best option is not to appear as wife has not made any other claims 

Wifeis always at  liberty to claim maintenance even after divorce if she is unable to maintain herself 

Question : In case this happens can my wife put another petition for claims mentioned in the initial divorce petition.

Contest the petition and if you fail then you will be blamed.

Can i go to court on the day of summon and seek time for filing a counter
Yes

the day of summon can my wife submit a petition that till closure of case she would want to stay in my place
Yes. You can seek time.

Regards 

G.Rajaganapathy 
Lawyer 
High Court of Madras 

1. Yes she can put claim. 

2. You can go and take time for counter. 

3.She can file the same in domestic violence as matter of right.  In divorce it's matter of discretion of court. 

4. Mutual is good, counter and contested divorce can take time. 

1. Wife in same petition can file an application for permanent alimony ans maintenance.

2. Yes you can appear before court to seek time for reply.

3. She can file application with this prayer you can contest same before the court .

See mutual consent is possible only with consent of both the parties the contested divorce can take time.

Yes if you do not contest same it can go.agaisnt you.

1. yes she can put the claim

2. If she has not claimed any thing then let the matter go ex parte

3. Yes she can 

Regards 

Hi,

In general demands from women are house, rent, per month maintenance or lump sump one time payment, child custody, stridhan etc. Plz keep in mind that she can't claim anything which is not in your custody or ownership. The court is bound to consider all your assets and also liabilities of loan etc before passing any order and therefore you are suggested to present your version of case to court strongly. 

No she has no right on your or your family properties.

She can claim maintenance from you. Court may consider you liabilities while deciding maintenance.

She cannot take away your assets except by order of the court or as a settlement towards alimony/maintenance in maintenance proceedings that she may file. After divorce she cannot claim anything from you. 

Wife has no share in your self acquired or inherited property 

2) court does not consider your home loan and personal loan in determining maintenance 

3) court considers your net income after taxes in determining maintenance 

This is not divorce petition but it is a petition seeking to annul your marriage.

If there are no proper grounds for annulment, the court may even dismiss the petition even though you are not appearing and allowing the case to become exparte.

Better participate in the proceedings and contest the case properly on merits and see if you can challenge her grounds.

Yes you can appear before court on the date of hearing and seek time for filing counter.

Who knows what she has in her mind, such things cannot be predicted.

The legal fact is that she can remain or live in your house till the time she remains your legally wedded wife.

There is no procedure to file a counter.

You may have to prepare a counter denying all her allegations and submit it before the court.

You may take the assistance of a lawyer to prepare the counter and you can submit it as party in person also.

You are required to challenge her case properly including the charges agaisnt you whether they are false or otherwise.

She cannot claim a property lying on your itself, forget about the property inherited from your dad or the property lying on your father's name.

Since she has file a petition to nullify the marriage she may not be eligible for claiming maintenance.

The court has to be convinced about your liabilities in your salary account so that the court may consider them while deciding on the maintenance application.

She can only claim alimony ans residence rights in her matrimonial home

No claim in property which is now hold by sister and for maintainance only salary will count not debts owned by you .

Ex wife can make application for maintenance against you under section 125 cr pc 

she can claim alimony from you under provisions of HMA 

See in case you both have mutually settled there is a memorandum and settlement then as such no case is maintable as she will agree to same in memorandum. That there was no cruelty and she will file no case or suit against you after the divorce is granted.

POST DIVORCE SHE MAY NOT BE ABLE TO FILE ANY CRIMINAL CASES EXCEPT FOR MAINTENANCE UNDER SECTION 125 CR.P.C.

She can claim maintenance even after divorce. 

Once divorce is granted she can't file any further divorce a.  She can file false 498A case and domestic violence cases.  She can also file 125 crpc maintenance petition