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maintenance case, second hearing
16-May-2025 (In Divorce Law)
Can judge order ex-parte maintenance to wife on second hearing in bnss 144 case if husband does not appear in family court in jodhpur, Rajasthan? Husband has not received summons from court yet. Husband is from South India
Yes, if the husband fails to appear despite service, the Family Court may proceed ex-parte and grant interim maintenance under BNSS Section 144. However, if summons was not duly served, the ex-parte order can be challenged. The husband should promptly file an application under Order 9 Rule 13 CPC to set aside the ex-parte order, citing non-receipt of summons and seek opportunity to be heard.
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Adv. Arjun S
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