My husband and I are going through a difficult time. I filed for maintenance in January 2013, and the case is still ongoing in the Bhavnagar family court. It’s been nearly four years, and I haven’t received any maintenance payments. I want to file for divorce now, as it seems unlikely he’ll provide adequate support. Can I file for divorce while the maintenance case is still pending?

Apni Law
Apni Law
Law Forum › Category: Divorce › My husband and I are going through a difficult time. I filed for maintenance in January 2013, and the case is still ongoing in the Bhavnagar family court. It’s been nearly four years, and I haven’t received any maintenance payments. I want to file for divorce now, as it seems unlikely he’ll provide adequate support. Can I file for divorce while the maintenance case is still pending?
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Apni Law Staff asked 3 months ago

My husband and I are going through a difficult time. I filed for maintenance in January 2013, and the case is still ongoing in the Bhavnagar family court. It’s been nearly four years, and I haven’t received any maintenance payments. I want to file for divorce now, as it seems unlikely he’ll provide adequate support. Can I file for divorce while the maintenance case is still pending?

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Apni Law Staff answered 3 months ago

Yes, you can file for divorce while the maintenance case is pending. Indian law allows for simultaneous proceedings for divorce and maintenance. The two cases will proceed independently, and the outcome of one does not automatically affect the other.

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