Divorce and maintenance

Dear Client,

In your situation, the court treated the divorce and maintenance as two independent proceedings, which is why they are at different stages. Since you stopped appearing after mediation and did not file a written statement in the divorce case, the court proceeded ex parte and granted divorce based solely on your wife’s submissions, as there was no contest from your side.

However, the maintenance case involves determining financial support for the wife and children, which requires evidence regarding income, expenses, and needs.

Therefore, even though it is also proceeding ex parte due to your absence, the court must still conduct an inquiry before passing a final order, resulting in it continuing while the divorce case has already been concluded.

Dear Client,

In your matter, two separate cases have been filed by your wife:

1. Divorce case under the Indian Divorce Act

2. Maintenance case for herself and the two children

Both cases are legally independent proceedings. Therefore, they can progress at different stages even though they involve the same parties.

In the divorce case, you attended three mediation hearings but thereafter did not appear before the court and also did not file your counter/written statement despite several opportunities. After four hearings and your continued absence, the court proceeded ex-parte against you and granted the divorce based on your wife's evidence.

In the maintenance case, the proceedings are separate from the divorce case. Maintenance is a statutory right for the wife and children, and it continues independently irrespective of the divorce proceedings. Since you did not appear in the maintenance case as well, the court has decided to proceed ex-parte. The court will now hear only your wife's side and may pass an order for maintenance.

Therefore, the two cases are at different stages because divorce determines the marital status of the parties, whereas maintenance determines the financial support for the wife and children. These matters are decided independently and may reach different stages at different times.

You can still take legal steps, such as filing an application to set aside the ex-parte order in the divorce case, filing an application to recall the ex-parte order in the maintenance case, or filing an appeal against the divorce decree, subject to limitation.
For further guidance contact an Advocate.