Divorce and maintenance

Dear Sir,
It is strategically better to participate in both cases, even if your wife is not interested in reconciliation. In the divorce case, you can file your counter (written statement) and take a clear stand—either opposing the divorce or consenting with conditions. Not filing a counter may lead to an ex-parte decree of divorce, which might not reflect your position or protect your rights fully.

Dear Client,

The court will not automatically object if you apply to reopen the maintenance case while not contesting the divorce, because both proceedings are legally independent under the Indian Divorce Act, 1869 and maintenance law such as Section 125 CrPC

However, the judge may still look at your overall conduct, and if it appears that you are selectively participating, an adverse inference can be drawn. When you seek to set aside the ex parte proceedings in maintenance, the court will mainly examine whether you had “sufficient cause” for your absence, not whether you are contesting the divorce, but if you continue to remain absent in the divorce case, it may also proceed ex parte against you, which can weaken your position overall.

Therefore, even if you plan to reopen only the maintenance case, it is safer to at least appear in the divorce proceedings to avoid complications and maintain a fair standing before the court.