Wife'e Ex-parte order set aside cost of 5000 without arrears payment

827 votes

Hello, I understand the concern regarding the ex parte order being set aside without arrears payment. Please note that setting aside the order does not waive the 14 months maintenance arrears for you and your minor children. 1. Recovery of Arrears: You should immediately file an Execution Petition under Section 125(3) CrPC or Section 28A of DV Act for recovery of all pending arrears. The court can issue warrants or attach salary/bank accounts. 2. Property Sold by Husband: Since he sold properties after filing the recall application, this may amount to fraudulent transfer to defeat maintenance. You can file an objection under Section 53 of Transfer of Property Act and seek attachment of other assets or salary. 3. Kurki Order/RC: Request the court to issue a fresh Recovery Certificate or attachment order against any remaining property, investments, or employer for direct salary deduction. 4. Permanent Maintenance: Since it was already fixed, that order still holds. You can also file for interim maintenance under Section 125(1) CrPC during the pendency of the case after WS is filed. Given that the case is now open and WS is requested, filing a detailed reply with husband's income proof is critical. Quick legal action is needed to stop further disposal of assets. For drafting the execution, attachment applications, and contesting the WS, a detailed consultation is necessary. You may connect through LawRato for further legal steps. Regards, Advocate Shamma Perween

Advocate Shamma Perween LawRato

742 votes

The wife can challenge the District Court’s order before the High Court. If the husband sold properties to defeat recovery, it can be pleaded as fraud on the court and conduct showing lack of clean hands.

Advocate Vishal Batra LawRato