Wife filed a case of maintenance court passed judgement ex parte

926 votes

Hello Sir,

As the exparte order is passed against you then in such cases we should file an application under order 9 rule 7 of CPC for condonation of delay to set aside the order/decree passed by the court. For further assistance, kindly revert back!

Advocate Saransh Jain LawRato

862 votes

From the above query what I have understood is that an ex parte order for maintenance has been passed against you in proceedings u/s 125 of CrPC and you want to set aside the same.

Section 126 provides for relief for the same, under this section you can file an application before court for setting aside the order passed ex parte by showing sufficient cause for non appearances on the previous days fixed for hearing the matter. The application for setting aside the an ex parte order needs to be filed within 3 months from the date of the order, the court may accept the application afterwards also on its own discretion.

I hope that will help you out.
Feel free to raise further queries.

Thanks

Advocate Raj Keshari LawRato

967 votes

Appear before the concern court and file revision against that exparte order before sessions court and hopefully the order will be set aside however in between you collect evidence pertaining to d educational qualification of ur wife and proof of job if any

Advocate Ravi Ballabh Tripathi LawRato

705 votes

s.19(4) of the family court act , The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973,according to s.125 ((3) Cr.P.C..If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.

Advocate Anil Kumar Thakur LawRato

683 votes

Just go to the court and file an application under the proviso to s. 126(2) and pray before the court to make the case by-parte. You have to show good cause for not attending the court on the date fixed. Generally court gives you another chance. As soon as your application is allowed, you will be given time to file reply in the case. After that the case shall proceed as usual.

Advocate Pradeep Naik LawRato

349 votes

In legal proceedings, when a court passes a judgment or order in a maintenance case in favor of one party without the other party being present or without their participation, it is referred to as an "ex parte maintenance order." This typically occurs when one party, often the petitioner, appears in court, but the other party, often the respondent, does not participate or fails to respond to the court's notices or summons.
To address an "ex parte maintenance order" or seek its reversal, the following legal procedures can be followed:

1. Set Aside Ex Parte Maintenance Order: The party against whom the ex parte order was issued can file a petition to set aside the ex parte maintenance order. This is done by presenting reasons or justifications to the court explaining why they were unable to participate in the proceedings and requesting a fresh hearing.
2. Recall of Ex Parte Order in Maintenance Case: The court has the discretion to recall or revoke the ex parte order if valid reasons are presented. The party seeking the recall must provide a compelling explanation for their absence during the proceedings.
3. Set Aside Provision in CRPC: The Code of Criminal Procedure (CRPC) contains provisions that allow for the setting aside of ex parte orders in maintenance cases. Parties can refer to relevant sections of the CRPC when filing their petitions.
4. Ex Parte Evidence in Maintenance Case: In an ex parte proceeding, only one party's evidence is presented. To challenge the ex parte order, the absent party may need to provide counter-evidence to contest the claims made in the maintenance case.
5. Set Aside Petition in Maintenance Case: Filing a set aside petition in the same maintenance case is a common approach to challenge an ex parte order. The court will review the petition and decide whether to grant a fresh hearing.

Advocate Chikirsha Mohanty LawRato