Harrassed (accountant) 27 August 2014

Crpc 125

Hi Experts,

My Ex-wife filled crpc 125 after receiving divorce from me with false claims and allegations.It was muslim marriage.This case was filed last year and i got this information last month only when my parents got summons for me but they returned it back with reason stating that they do not have information about me.

Right now i am staying in US from last one year.I also got information from my advocate that they have moved application for exparte order as i am not attending dates.but till now i have not recieved any summons as i am staying out of india.

Case is registered in Meerut-UP. Divorce is already done.they do not know that i am staying in USA.

My Question:

1. Can court order exparte order with out my information/reply as it is criminal case.

2. They do not have my salary slips so how can they prove that my salary is that much high as they mentioned in petition.

Kindly let me know do i need to travel india to attend court once summon will be recieved by me once i'll be in india or keep dragging like this only.

Thanks

Imran

Reply Follow

3 Replies

Tajobsindia (Senior Partner ) 28 August 2014

1. Unless Summon is served in accordance of Law upon you exparte order can be challenged in Court of Law.

2. She - her side can mention any amount as she wishes, she has to prove 'sufficient means' of ex husband so again donot worry.

3. You can travel to India and unless Summon is served upon you, you are not required to attend Court.

4. If no other case pending then you may drag her case since divorce has already happened between parties.

Harrassed (accountant) 28 August 2014

Thanks Tajobsindia..

I understood from your reply that their is no chance of exparte order in near 6-8 months..is it right?

Regards

Imran

Tajobsindia (Senior Partner ) 28 August 2014

Donot put words in my mouth.

I replied exactly to your questions before me. Ex parte order can be challenged means if it is passed tomorrow or after 6-8 months or after 10 years it can be challenged and I cannot speak on behalf of Court or your ex wife if that order is pressed for tomorrow or after 10 years.

If a case is filed 1 year ago and last month Summon is sent to opposite party last known address then you yourself should guess when ex parte Order should come or be pressed by your wife. It is not that easy for Court to proceed on ex parte order.

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