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Exparte and fresh affidavit

(Querist) 13 June 2009 This query is : Resolved 
Respected experts,

My matter has been transfered to the fast track court after 5 years and due to failure to cross examine me for 3 years, failure to pay maintenance since 10 months and failure to appear in the court for consecutive 6 hearings, I applied for exparte order from the fast track court (Iam appearing party in person).

My husband or his lawyer did not appear in the court even after the court issuing a notice for appearance, therefore the judge is ready for granting me exparte order, and has asked me to file a fresh affidavit in evidence.

Please let me know the procedure after the grant of exparte order by the Hon'ble fast track court.
Khaleel Ahmed (Expert) 13 June 2009
If your husband is not appearing before the court. You request the court to issue NBW against your husband. The court will issue NBW and it will be executed through concerned local police.
If you get exparte orders from the court. You have to execute such orders at your husband through court.
adv. rajeev ( rajoo ) (Expert) 13 June 2009
I agree with Khaleel. Judge has said u to file an affidavit. It is examination chief by way of an affidavit, after filing this affidavit final order will be passed.
after final order u can file recovery petition to recover the maintenance amount.
In my opinion u could have filed suit for maintenance, in that case u could have obtained the injunction order as not to alienate the property.
My another suggestion if u have got child go for suit for partition if your husband has got properties.
Y V Vishweshwar Rao (Expert) 14 June 2009
Dear Rajeev !

In th Query the Case particular/prayer /releif not mentioned !
I agree with You and PW1 Affdiavit is to be filed After exparte orders and the case is transferred to other court !

The affidavit of PW1 is already filed and it was to crosss examine the PW1 - respondent / Not appearign - Set Exparte - Now Judge directed the PW1 to file Fresh affdiavit of the PW1 .The Statement is already filed as Affidavti . It is better to up date the facts, if any thing new , any ommissions and recent development in the Case and to file fresh affidavit and all the facts will be on record for consideration by Court for Exparte Decree in favour of the Petitioner /Plaintiff .
Kiran Kumar (Expert) 14 June 2009
i agree with Mr. Rao,

since the affidavit is already filed then why the judge called for another affidavit.

pls state the facts more elaboratoly so that we must be in a position to advise u correctly.

moreover there is no need to apply for ex-parte orders, they r supposed to be passed as per ordinary course of procedure as prescribed.
Ria (Querist) 21 June 2009
Respected Experts,

Thank you for the advice,
Do we need to file a recovery petition for maintainance after the judge gives an Exparte order. If yes I would reqeust you to give me format of the recovery petition becuase Iam appearing party in person.
Ria (Querist) 21 June 2009
Please reply
PALNITKAR V.V. (Expert) 27 June 2009
yes you have to file recovery petition.
RAKHI BUDHIRAJA ADVOCATE (Expert) 29 June 2009
Plz. make clear which case you had filed against your husband?
Ria (Querist) 01 July 2009
The petition is a divorce petition.


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