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Divorce, alimony and child support case
03-Feb-2023 (In Divorce Law)
Wife has filed dissolution of marriage in 2019 in family court, All through the court proceedings I was abroad, I did not receive the court notice, she sent notice to my hometown address which got returned and got the judgement in early 2021.
The family court Judgement has 3 parts. 1. marriage dissolved. 2. permanent alimony amount + marriage expense ="x" lakhs. 3. monthly payments for child.
Wife has also filed a case in high court in MFA(misc first appeal) as she wants more money, this notice too was sent to my hometown address, was not delivered since I am in abroad. Case is still ongoing. Please answer the following,
1. Can I challenge only part of family court judgement related to alimony, expense and money related to child support? In which court this has to be done as she has already filed MFA in high court. your suggestion how to proceed?
2. Is it better to handle this case only after I return to India or make arrangement to fight case, before high court gives judgement?
Hello Good morning I'm Advocate Vivek Mishra well according to your case yes you have to come INDIA to fight case you have to challenge all the section which has been imposed by your wife for further more query kindly contact me so that I can elaborate you in proper manner . thank you
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Adv. Vivek Mishra
Allahabad | 900+ Answers
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Dear Client in that situation all order has been passed by the court is Ex-Party so you have a remedy before High Court herein file a Writ petition and challange that order which was passed by the Family Court and as Maintenance part is concern you should file a Criminal Revision actually it's a Final Order so against final order Revision will maintainable for more clarification you may contact us then I'll elaborate properly. Advocate Anurag Bhatt Allahabad High Court
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Adv. Anurag Bhatt
Allahabad | 700+ Answers
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Firstly kindly send the copy of the judgement. second do not delay, immediately start the proceedings.
We can go in appeal although there is delay of of several months but we can cover up the same by giving one or other genuine reasons.
yes we can go in appeal of the only against part of the order you are concerned. Send me judgement copy then only I can advise you in which court you have to file the appeal
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Adv. Sarvesh Roy
Noida | 100+ Answers
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