An interim protection order was issued on 31 Jan 2013 in the 17th MM court, Saidapet based on the threat that existed to me and my children’s life. The respondent husband appealed to the Session’s court but the interim order by the 17th MM court was upheld by the Sessions court. Later the case was referred back and an exparte protection order along with maintenance of Rs.40000 per month during the pendency of the case was ordered in my favour on 24th March 2015. As the respondent husband did not pay the maintenance, I filed an execution petition after 3 months from date of order. Now he has filed a condone delay petition in the same 17th MM court, Saidapet along with the set aside petition to setaside the order. I filed the counter on the condone delay petition but this condone delay petition is allowed for no valid reason. The judge has asked me to file my counter in the set aside petition.
Please note that this exparte order was issued because he continuously failed to cross examine me for 6 times and not due to his absenteeism as he quotes in his condone delay and set aside petition. He had states that the exparte was given because of his non appearance on the day of the order but He and his counsel were present on all hearings when ex-parte evidence and was posted for ex-parte orders on 24.03.2015. He and his counsel were present on the day when the order was pronounced but there is no proof even in the A-diary.
My questions
- Can he file the condone delay petition in the same 17th MM court where he got the exparte order. Is it maintainable in this court? If it is not maintainable in this court, how do I object to it.
- He has quoted Crpc 126(2) to set aside the petition and condone delay. Can he use this section as he had wilfully delayed the court proceedings which resulted in exparte and not because of his absenteeism. How should I defend this? Please suggest appropriate sections
- Now that the condone delay petition is allowed, what is the probability of set aside being allowed?
- Can I ask him to pay atleast 50% of the maintenance amount before we proceed with the set aside proceedings. I have two children and I do not have a job.
Some dates for reference
- Date of order – 24 March 2015
- Date I sent the copy of exparte order through my counsel through registered post with acknowledgement card - 31.04.2015.
- Date of filing his condone delay – 12 August 2015
