What happens to Maintenance Order after Ex Parte Divorce?

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Sir, 

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Dear Sir, as per your query,

1. If your wife does not appear despite summons, you can get ex-parte divorce if the court is satisfied that summons was duly served and she failed to appear before the court. 

2. Under Section 24 of the Hindu Marriage Act, 1954 if the wife does not appear or disclose her income in her affidavit of assets and liabilities, the court can solely rely on your affidavit of earning income and draw negative inference for your wife's non-appearance, in which case you will not be entitled to pay less amount as alimony. 

3. If you can prove that your wife is educated, or she previously worked or is capable of earning and has required educational qualifications then the court can reduce the alimony amount payable by you will be less, though you cannot claim absolute exemption from payment. 

4. After your divorce, she ceases to be your wife and you can apply for cancellation or modification of the Maintenance order, citing change in circumstances. 

For further clarification and details, feel free to contact our OLQ Team. 

Dear Sir,

Civil Court can proceed ex parte:

Under Order IX Rule 6 CPC, if the summons is duly served and the respondent fails to appear, the court may proceed ex parte and record evidence.

So yes — the Civil Court can grant you an ex parte divorce decree if:

The summons was validly served (preferably through the court where her case is pending, as you’ve done), and

You have given your evidence-in-chief (affidavit) and proved cruelty/desertion or other grounds.

🔹 2. Adverse Inference Regarding Her Income or Employment

If she does not appear despite valid service, the court is entitled to draw an adverse inference under Section 114(g) of the Indian Evidence Act:

“That evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it.”

Hence:

If you’ve stated that she is educated (B.Ed.),

Capable of earning, or

Probably employed and deliberately avoiding court,

then the Civil Court can presume she is capable of maintaining herself and not entitled to further interim maintenance or alimony.

This principle is supported by judgments such as:
Mamta Jaiswal v. Rajesh Jaiswal, 2000 (3) MPLJ 100
Kanchan v. Kamalendra, 1992 Cri LJ 3979 (Bom HC)
— which hold that an able-bodied, educated woman cannot sit idle and claim indefinite maintenance.

So, yes — adverse inference can and should be drawn in your favour if she avoids proceedings.

 3. Effect of Ex Parte Divorce on DV Maintenance Order

The key point:

Divorce decree does not automatically cancel the old maintenance order, but it changes its basis.