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

650 votes

uou should file for recall order or now the wz requested from the husband arrears of 14 months case now open it should be recalled on monthly maintenance or arrears payment kindly see the situation husband sold properties 0

Advocate Spiti Sarkar LawRato

716 votes

Hello, Setting aside an ex parte order at ₹5000 cost without clearing arrears is common, but the wife still has strong legal remedies available. 1. Arrears Recovery: Even after set aside, you can file an execution petition for the 14 months arrears under Section 125(3) CrPC or Section 28A of DV Act. The set aside order doesn't cancel past arrears. 2. Property Sold: Since husband sold property after filing recall to defeat maintenance, you can file an application under Section 125(3) CrPC for attachment of his salary/bank accounts. You can also challenge the sale as fraudulent transfer under Section 53 of Transfer of Property Act if done to defeat your claim. 3. Kurki/RC: Request the court to issue fresh RC against remaining assets or salary attachment. Also file application for interim maintenance during pending case under Section 125(1) CrPC. 4. Permanent Maintenance: Since it was already fixed, file for modification/enhancement if circumstances changed, but arrears remain payable. Since WS is now requested from husband, ensure you file a strong reply with all proof of his income and property details. Immediate action is needed to prevent further disposal of assets. For drafting execution petition, attachment applications, and strategy to recover arrears, detailed consultation is required. You may connect through LawRato. Regards, Advocate Shamma Perween

Advocate Shamma Perween LawRato

670 votes

Thank you for your query. Based on the information provided, the ex parte order has been set aside and the matter has been restored for fresh hearing. However, whether the wife can recover the 14 months' maintenance arrears or challenge the order depends on the nature of the ex parte order and the law under which maintenance was granted. If the husband has sold his properties to evade his maintenance liability, appropriate legal remedies may also be available. To provide accurate advice, kindly share a copy of the order setting aside the ex parte order, details of the maintenance order, and whether the recovery proceedings (RC/kurki) are still pending or have been stayed. After reviewing the documents, I can advise you on the best course of action regarding recovery of arrears, interim maintenance, and any challenge to the order.

Advocate Ranjeet Sonker LawRato