How to prevent divorce case dismissal due to maintenance non-compliance?
My query is regarding a matrimonial dispute. I obtained an interim order in a maintenance case in 2022, reducing the amount from ₹10,000 to ₹5,000. I also received an interim order under the Domestic Violence Act, where reliefs under Sections 3 and 4 were stayed, and Sections 1 and 2 were to be considered after the respondent's appearance, also in 2022. Now, I have filed a divorce petition, which is currently at the cross-examination stage. However, the respondent (my wife), who is employed and earning a handsome salary, is seeking maintenance as ordered by the High Court. The judge has informed me that since I have not complied with the High Court's maintenance order, the case is being dismissed. I am confused and unsure about what to do next. This divorce case is my opportunity to prove perjury, cruelty, and harassment by the respondent. If it gets dismissed, I will lose the chance to present crucial evidence. Please guide me on the steps I can take to continue leading my case.\ The petitioner in the divorce case is the husband (myself), and the respondent is the wife.

You can file for modification of the High Court’s maintenance order citing your financial hardship and your wife’s income. Simultaneously, submit a compliance affidavit seeking time or installment relief. If the divorce case is dismissed, file an appeal. For false statements, initiate perjury proceedings and continue defending the DV case diligently. For further legal assistance contact us on our helpline number.
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