Advice

Guest (Querist) 03 October 2011 This query is : Resolved
Dear Sir,
Please give me advise that my wife has passed exparte order for maintenance i.e. Rs 10000/- p.m
I know that this is false.
So my lawyer put an appeal that on what basis maintenance has passed, but judge is giving date every time saying that this is last date. Then also giving date.
So I know judge will give again date they like to drag, so what I must do please give me suggestion.
My lawyer is saying that he will not allow giving date now.
Here I want Judge should make correct Justice.
My question is when exparte order has passed why there is no answer? Why they like to drag?

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ajay sethi (Expert) 03 October 2011
when you were served with copy of application you did not appear . court after some dates apssed an exparte order.

later you woke up from your slumber and made an application for setting aqside exparte order . the court cnnaot pass an order on just one date . it has to give chance to your wife to file reply and heard both parties then pass a judicious order .
on many occassions due to heavy backlog of case courts have to give dates . justice will be done it just takes some time

Shailesh Kr. Shah (Expert) 03 October 2011
If you feel that the court is delaying matter,you can file writ in high court for speedy disposal.

Arun Kumar Bhagat (Expert) 03 October 2011
You can approach High Court u/s 483 Cr.P.C for direction of quick disposal.

Shonee Kapoor (Expert) 03 October 2011
In certain states its easy to get ex-parte maintenance order by collusion.

However, if Session Court is not ordering, you can file to HC for quick disposal.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Guest (Querist) 04 October 2011
Thanks for all
Dear Sir,
I want to say that exparte order has passed due to wrong address Which she had accepted.
I had given all proof to my lawyer.
But more than 6 month I am receiving date till now.
So once again thank u for your valuable advice.

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