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Maintenance Under Section 125 (Hindu)
09-Feb-2023 (In Family Law)
I had filed divorce case against my wife the case is pending in the court. My wife filed case against me under section 125 last year. Somehow they had managed that the Notice should not be served to me. Now due to my absence court has considered the case as ex parte and ordered me to give her maintainance. Is it possible that if the Notice is not served, court can order against me? Please also suggest your expert opinion that how can I protest the order legally against the maintenance and submit my reply.?
Query perused. I would advise you to engage a lawyer at the earliest possible and move an application under order 9 rule 7 of the cpc for setting aside the exparte order. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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hi
yes court can proceed exparte if notice not served even sfter trying three four times.
you can appeal against such order explaining your absence and your facts and situation or circumstances...
regards
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Adv. Aastha Jain
Delhi | 25+ Answers
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Sir,
The best remedy available to you would be to file an appropriate application before the Hon'ble Court for having the previous order set aside. And also while giving reasons why you could not appear before the Court earlier. The said application will have to be contested through a pleader/advocate to serve you well. Doing this should give you a firm standing in your matter.
Hope this helps.
Thanks and Regards
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Adv. Shobhit Bhatia
Delhi | 25+ Answers
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