biswabhushan nanda (Part-time) 23 January 2017

What is meaning "arrear maintenance dues" in e-court status

Hi,

I am not in India and my wife has initially filed for divorce in May 2016 (under matrimonial case) and so far my parents got only one notice from court for me (which they mistakenly received) and since the notice was for me to appear in the court, they didn't appear before the court. Again my wife filed a case of DV in Nov 2016 on all my family members (both parents, brother & bhavi) with a demand for huge maintainace u/s 18,19,20,22,23 and court served a notice to apear before court, without which the case will proceed ex-parte. However, by the time my family members receive the notice the date was already overdue.

I checked the status of the case in e-court and it said there was a hearing due on a later date for both the cases, while for the matrimony case it showed there were lot of hearing dates already been done and under the heading "the pupose of hearing" it shows "summons" for almost 6 hearings since the case was filed and in Dec 2016 it had 3 hearing dates (my parents received only one notice from court so far in Sep 2016). We arranged an advocate to appear on the proposed hearing day to take a time petition. The time petition was granted, but the time for next date is due in matrimony case.

But when I checked the status from the e-court - it says about the decision for the next date of hearing is pending for Matrimonial case. However, the case status for DV already shows another date of hearing and under the heading "purpose of hearing" it shows as "Arrear maintenance dues" both in the last hearing date and the upcoming date of hearing. What does this mean? Does this mean the case has gone ex-parte??? The DV case with demand for maintainance has gone only one date of hearing and any of my family members couldn't appear before the court because of delayed receiving of notice... The last date of hearing and the pending date of hearing in the DV case is just 10 days interval... Does that mean they intentionally try to make the dates go faster, knowing that I am not in India? What should be the immediate course of action from me? (considering that now its impossible for me to go and appear before the court because I am outside India and can't get a leave now.)

Looking forward to advice from the community.

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4 Replies

Ganesh Nair (Employed) 23 January 2017

Dear Mr. nanda,

even if you ignore your divorce case for a while , you should never take the DV case against you easy. It is all about money. One Mr. Vivek Deveshwar has rightly said that you should fight the DV maintenance cases as if your life depends upon it. If you do not raise objection to the version of your inflated income (big lies only , and without proof),and submit your real income and mandatory expenses, the court will not have any other option other than sanctioning whatever they ask. Ignorance of law will not come to your rescue. Once you are dragged into these litigations, you and your family members should have been alert. Anyway,way whatever happened has happened. Now, without delay, sit with your lawyer and find out what can be done. Remember, it is not your lawyer who io it to path sum. So you have to work harder than the lawyer. Go thorough all kinds of literature and posts. Something will help you and especially, if you are innocent. Good luck

(Guest)

Originally posted by : biswabhushan nanda
	Hi, I am not in India and my wife has initially filed for divorce in May 2016 (under matrimonial case) and so far my parents got only one notice from court for me (which they mistakenly received) and since the notice was for me to appear in the court, they didn't appear before the court. Again my wife filed a case of DV in Nov 2016 on all my family members (both parents, brother & bhavi) with a demand for huge maintainace u/s 18,19,20,22,23 and court served a notice to apear before court, without which the case will proceed ex-parte. However, by the time my family members receive the notice the date was already overdue. I checked the status of the case in e-court and it said there was a hearing due on a later date for both the cases, while for the matrimony case it showed there were lot of hearing dates already been done and under the heading "the pupose of hearing" it shows "summons" for almost 6 hearings since the case was filed and in Dec 2016 it had 3 hearing dates (my parents received only one notice from court so far in Sep 2016). We arranged an advocate to appear on the proposed hearing day to take a time petition. The time petition was granted, but the time for next date is due in matrimony case. But when I checked the status from the e-court - it says about the decision for the next date of hearing is pending for Matrimonial case. However, the case status for DV already shows another date of hearing and under the heading "purpose of hearing" it shows as "Arrear maintenance dues" both in the last hearing date and the upcoming date of hearing. What does this mean? Does this mean the case has gone ex-parte??? The DV case with demand for maintainance has gone only one date of hearing and any of my family members couldn't appear before the court because of delayed receiving of notice... The last date of hearing and the pending date of hearing in the DV case is just 10 days interval... Does that mean they intentionally try to make the dates go faster, knowing that I am not in India? What should be the immediate course of action from me? (considering that now its impossible for me to go and appear before the court because I am outside India and can't get a leave now.) Looking forward to advice from the community.

TLTR. If maintenance is due. Vasooli warrant will be issued. If you get caught you will need to clear the dues/apply for bail. If you dont clear dues, then you be in jail till you get bail from magistrate. You will secure bail once magistrate agrees to give bail.

If you are not caught, NBW is issued, and then if you get caught, no bail. You will do longest period in jail. Indian Jails are filled with many people serving time along with life convicts. So simply clear dues and go for one time settlement. DOnt risk arrest.

rajeev sharma (Advocate Ex senior manager law ) 28 January 2017

Mr Nanda you say that you havealready engaged a lawyer and has appeared in thecourt in one case. Since you have the first hand legal advise available to you contact your lawyer who knows the facts and status of case better than us.Have in him and act as per his advise. Application under DV act is a serious matter so act fast.

biswabhushan nanda (Part-time) 28 January 2017

Hi Mr. Sharma, Thank you for your advice. I was not able to appear in the court yet as I am not able to know the detais of the case before this... Now I am planning to hire an advocate and thus seeking advice from the community.

Any advice regarding the matter from the community is highly appreciated.

Thanks all for your suggestions.