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Maintenance Issue if I file suit u/s 13A 
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Joined: Thu Feb 06, 2014 11:41 am
Posts: 20
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, can I file another petition U/s 13A clause 1(ia) or 1 (ib). 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 .

Please suggest.

Tue Jan 12, 2016 5:53 am

Joined: Sun Apr 13, 2014 6:30 am
Posts: 139
Please go through the below details

Maintenance claim:
"Section 125" that only a woman, who is a legally wedded wife or one who is legally separated and is not remarried or who has been divorced from her husband, can claim maintenance.

Once mutual consent (13b) divorce is allowed she cant claim future maintenance...

I think you can wait for the final verdict and then decide about filing divorce petition.

Wed Jan 20, 2016 3:58 pm
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