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Stop ex parte proceeding in domestic voilence case
10-Oct-2023 (In Family Law)
I am facing a false domestic voilence case from my wife. I have filed the reply to the complain. DPO submitted the report that no domestic voilence has happened and case is false. My wife is earning and doing job. My salary is double of my wife but I have responsibility of my mother as my father is no more and we dont have any kid. I was not able to appear in court on multiple dates after the report was filed by DPO. Judge has given the order that my wife can submit the proof for one sided (ex parte) order as I was absent on dates. What can I do now. 1. How can I stop the proceeding of ex-parte? What are the chances that filing recall works here? 2. While removing exparte proceeding can judge pass interim maintenance order? 3. How can I stop any interim maintenance order against me at this stage? NOTE : The dowry case filed by wife is on stay from high court as police filed final report stating that case is false.
Helo, passing an exparty order by the magistrate is not a illegal and at the time of passing that order he has power to fix interim mentinence against you.but there should be a solid reason that you are not appearing in the court there are so many notices served upon you.now you can file a 482 petition in the high court saying all your grounds that why did you not appear in that case. May be ,you can get relief.for more detail contact me.thnx
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Adv. Bharat Dixit
Lucknow | 25+ Answers
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Immediately appear in court and file a recall application stop ex-parte proceedings.
I think the judicial officer passed the order of interim maintenance against you.
Please file all the documents in your favour in the hon'ble court that defend u.
I think the judicial officer passed the order of interim maintenance against you.
Please file all the documents in your favour in the hon'ble court that defend u.
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Adv. Ankit Gupta
Lucknow | 400+ Answers
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file an application under section 151 CPC in the concern court for recal of an order passed by judge/authority with proper manner that why you have no knowledge about the order passed by the concern court if court will satisfied then they will allow ur application and case will be re open .
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Adv. Reva Nandan Dwivedi
Allahabad | 100+ Answers
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