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Court passed judgment in DV case against me in my absence, what to do


30-Mar-2023 (In Criminal Law)
Dear sir , I am Respondent and the Petitioner has been filed DVC in June 2015 as she req 30k pm Maintenance and shelter . I filed Divorce in 2010 at Family court and allowed in July 2015 and no charges should bear their own costs .Order passed by Dist court , She went to HC for appeal and got interm stay and waiting for listing till now , In DVC i submitted Stay from HC for all further proceedings by giving 5k pm as maintenance and not attending court due to stay as advocate also told me that no need to attend , I paid 7 months 5k pm to her bank account and in middle i asked to give joint account for to pay amount to my child also in court but she was not given till now , In this month 10th of march 2017 DVC judgement that 25k pm and 3lakhs has to pay , How the court judgement will give if i am not attended and in docket written ed as respondent was attended . I am not attended in last date! I was shocked that with out cross examination how can judgement will give ?
Answers (3)

Answer #1
651 votes
Hi
It appears that there is a manifest error in your order.
Kindly file for certified copy of docket order which is record of proceedings from DVC filing date to order date.
It appears that your lawyer has appeared in the court.
File an appeal in the High court immediately and get a stay on order of the lower court.
Answer #2
667 votes
Good Morning Sir...
As you have not been able to attend the Court as per the directions of your lawyer, because of your non attendance the court might have set you as exparte and the judge may have passed Exparte judgment against you and in favor of the petitioner. You can file a petition to set aside the Exparte Order and contest the DVC proceedings.
Answer #3
732 votes
there is no mandatory provision restricting court to deliver judgment in your absence as the domestic violence case is framed on different set of rules and enactment passed in 2005 and there is the right of appeal under section 29 of domestic violence act

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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