Non Compliance in Maintenance case


Kindly advice what to do, In short -wife filed 125Crpc, Exparty order for 10000/- Recalled by 126(2), FTC ordered with some condition for 40000/ pay (One Time) to Wife then restored in its original suit (125 crpc). paid in 2 times Rs. 30000 only 10000 Balance, FTC given last opportunity to pay balance amount, but lawyer failed to appear in time due to rush for just 3-5 minuts Hence due to non appearance FTC ordered against us and 126(2) rejected and 125Crpc Ex party still continues, Kindly suggest what to do

Answers (3)


106 votes

Sir, you are required to file another application as well as counter to 125 application. As it shows that there was a delay from your part therefore it is difficult for the magistrate to entertain such thing. However, it is very much clear by the wayof the Supreme Court that such delay shall not be taken the reason for any dismissal. Even though the Supreme Court clearly stated that there should be a well reasoned order Else the order will be bad in law. Please feel free to reach out to me for further assistance


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182 votes

it's is mistake of your advocate. but now only remedy left with you is to approach high court against the order of family court and get aside the rejection order. in case of need or more brief u may call me to discuss ur issue in details.

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274 votes

Hello...yes you can do so.
You can go for setting aside the order with proper reasons. And also you can go in appeal against that...Kindly call me, I need more information to give you the exact solution...
Thank you

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