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Interim decision made by judge without my presence
29-Aug-2023 (In Divorce Law)
Hello, Judge granted maintenance without my presence and that too, from the date of filing petition means with 40% of my total salary. Even though all the allegations were wrong and can't be proven. But I do have our chat history which can prove her wrong, Please advice how can I deny maintenance. That girl just lived for 2 months and made big allegations for alimony. We have a child, and they have not even cared to show me pics and shared name. She is misusing power of being girl. Please advice
It is clear that on your absence the decree was passed. You can file the petition before the concerned Family Court to set aside the exparte decree. On the light of your application the court will take the case for evidence again. You will get the chance to defend the case.
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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In this case you can appear before the court through a lawyer and set aside the expartee order. You have to proovethat the wife is the matrimonial offender and she is having sufficient income to maintain herself. A thorough discussion with your lawyer and all documents and the circumstance of the case is necessary to do so. You can come in person to me or contact me through phone. Legal advise is chargeable in advance.
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Adv. S Sreekumar
Trivandrum | 25+ Answers
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It appears that you have not appeared in the Court or engaged an advocate to take care of your defence. If the allegations are wrong and you have good defence you should have been responsible in attending the court. Because of your lapse, the matter has been decided ex-parte. This is only an interim order, you still have the opportunity to rectify the situation.
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Adv. P Venu
Vaikom | 500+ Answers
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