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Clarification regarding maintenance case u/s 125 and its summon to me
13-Mar-2023 (In Criminal Law)
1. Case Started in Court Sep-2012 for 498a/406
2. Myself issued P.O by Court as in overseas
3. Wife appear 1st time in Court Jan-2014 for statement as we file quashing petition in Punjab & Haryana High Court. Still no decision till date, is there any possibilty for quash?
4. Mnt125 case startes in Sep-2014 and i didn't recieved any notice from court at my overseas address and Court fix Rs. 8500/month in exparte. Now wife appear Session court to increase the monthly miantaince. Is there any chances that court will increase the monthly maintenace. She don't have my salary proof.
5. I have the proof that i was not staying at the address where the summon sent by Court in case of Mnt125 as mentioned in the proceedings. I have no involvement in this case. Can it be challeanged.
2. Myself issued P.O by Court as in overseas
3. Wife appear 1st time in Court Jan-2014 for statement as we file quashing petition in Punjab & Haryana High Court. Still no decision till date, is there any possibilty for quash?
4. Mnt125 case startes in Sep-2014 and i didn't recieved any notice from court at my overseas address and Court fix Rs. 8500/month in exparte. Now wife appear Session court to increase the monthly miantaince. Is there any chances that court will increase the monthly maintenace. She don't have my salary proof.
5. I have the proof that i was not staying at the address where the summon sent by Court in case of Mnt125 as mentioned in the proceedings. I have no involvement in this case. Can it be challeanged.
Hello sir,
First of all you have challenge P.O proceedings that can be challengable and also likely to be quashed.
Secondly you have to challenge maintence also whether u have any involvement or not that will bind on you if court orders against you.
You can also challenge as ther are 100 of judgements in which the maintenance amount awarded was takrn back and comes to a very meager amount but that all will depend upon the circumstances.
Thanks
With Regards
Naveen Sheokand
Advocate
Punjab and Haryana High Court, Chandigarh
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Adv. Naveen Sheokand
Adv. Naveen Sheokand
Chandigarh | 25+ Answers
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Yes, it can be challenged. You can file an application for setting aside the ex parte order for maintenance.
The Honorable High Court can quash the FIR in case the facts and the law are in your favor.
At this stage in my opinion it is not going to be increased. It depends upon the proof given by your wife. If there is no proof, it won't increase.
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Adv. Kanwarjit Singh Pruthi
Adv. Kanwarjit Singh Pruthi
Patiala | 100+ Answers
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You are in big trouble my friend. Don't wait for someone to post answer to your query. First and foremost hire a good lawyer. Even on this website, there are many good lawyers related to family disputes. Quashing can only be done with mutual consent deed if that what your wife wants you to do. If you are declared a PO, then you are going to land up in the jail. Resume that proceedings first and surrender before the court. Courts can definitely enhance the maintenance if desired so. Courts rarely go into your address proofs to see whether the summons are delivered or not. It is your onus in matrimonial obligation to be traceable. Please have a professional lawyer on your side, before things get uglier.
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Adv. Satish Mishra
Adv. Satish Mishra
Chandigarh | 100+ Answers
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Dear sir
About maintenance if we talk that order had been passed expartee but have you file any appl to set aside that order or have you go against that order in appeallate court you did give expalination regarding that.second at present you are po or not pl clarify that issue.
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Adv. Deepak Sabharwal
Adv. Deepak Sabharwal
Amritsar | 100+ Answers
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REPLY TO YOUR QUERIES:-
IF YOU R STILL IN OVERSEAS THEN NO CHANCE OF QUASHING IS POSSIBLE. QUASHING WILL BE DONE WHEN THERE IS COMPROMISE BETWEEN THE PARTIES OR THE COMPLAINANT CHANGES OR TAKE BACK HER ALLEGATIONS AGAINST YOU.
SESSION COURT CAN INCREASE MAINTENANCE IF JUDGE OF SESSION COURT WANT, NO SALARY PROOF NEED.
YES YOU CAN CHALLENGE IN HIGH COURT
THANKS
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Adv. Dheeraj Kaushal
Adv. Dheeraj Kaushal
Barnala | 25+ Answers
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