Exparte in divorce case

Georgina (Querist) 29 June 2016 This query is : Resolved
Hi! I'm currently battling a divorce case with my husband over the last 3 years. He is refusing to pay alimony & child support. We were married 10 years and have 3 girl children (4yrs/7yrs/10 yrs).We have been separated for 3 years due to his infidelity. There were two cases filed in 2013, one for judicial separation (mine) and one for Divorce (my husband). The cases were originally filed in Chelgelput but in 2014, I requested for a transfer to Chennai HC. After a about a year, my husband's case was transferred to Chennai and mine was left unattended by my lawyer at that time. Recently he had agreed to make an out of court settlement but agreed to pay only Rs.5000/- per month, per child. This was not agreeable by me and he is refusing to give any further amount. He works in the Merchant Navy as Chief Officer and draws a salary of approx. 6-7lakhs per month. After attending about 6 hearings at Chennai, now his lawyer claims that i was made exparte in Chengleput. What does this mean? Can he dissolve the case without my knowledge or payment of alimony/child support? I am very worried. Please advise urgently. Thank you.

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Devajyoti Barman (Expert) 29 June 2016
It appears due to absence of your lawyer representing you in court the court has passed decree ex parte.
Immediately engage another alwyer and file a petition in the same court for setting aside the same.
In the meantime file case ofr maintenance of yourself and the child under 125 crpc.

R.K Nanda (Expert) 29 June 2016
Nothing to add .

Rajendra K Goyal (Expert) 29 June 2016
Agree with the expert Devajyoti Barman.

Georgina (Querist) 30 June 2016
Thank you very much for your quick revert. I have engaged another lawyer and will do as advised. What is the Maintenance amount I should claim or which eligible for considering I have 3 small children to take care of. Please advise.