Steps Involved/Procedure Followed In Maintenance Case

A lot of queries are posted in groups regarding the procedure followed for various cases. More importantly, the Maintenance Case Procedure is one of the highest-queried topics on our Whatsapp groups. In this article, I have listed the steps involved in a Maintenance case. These steps are followed in Delhi only, whereas in other states, the same steps are followed with slight variations.

STEP-I: The Petition/Application containing the case facts, stating the circumstances under which the wife seeks to claim maintenance, and all relevant personal details are filed before the Family Courts.

STEP-II: The Family Court scrutinizes the petition and issues notice to the Husband against whom the wife has filed the petition.

STEP-III: In all of the cases at Delhi, the parties are directed to appear before the court for reconciliation, and the court attempts to reconcile them at first.

STEP-IV: If the reconciliation proceedings being conducted by the Family Court end successfully, then the matter stands settled. If the reconciliation proceedings fail, the Family Court proceeds with the Petition on merits.

STEP-IV: The Family Court directs the opposite party to file a reply to the petition stating facts that he/she admits or denies in the petition. In Delhi, the courts also ask both parties to file their detailed income affidavit so that they can infer the parties’ capacities and liabilities.

STEP-V: The petitioner is directed to file his rebuttal/rejoinder to the reply filed by the opposite party. At this stage of the case, the court decides the application for interim maintenance (during the pendency of the Petition), etc.

STEP-VI: The court frames the issues for adjudication, and the matter is posted for the parties’ evidence.

STEP-VII: The petitioner is directed to lead its evidence by filing the relevant documents and papers and summoning all its witnesses.

STEP-VIII: The respondent is asked to lead its evidence by filing the relevant documents and papers and summoning all its witnesses.

STEP-IX: The final arguments are held, and the court decides.

STEP-X: The Court finally passes the order/judgement, which may either dismiss the petition or allow it and direct the other party to pay an amount as directed by the Court monthly.

You may contact me for consultation or advice by visiting Contact Us