What procedure to be taken against family court
Sundram N
(Querist) 08 March 2016
This query is : Resolved
Dear Sir,
kindly suggest :
Family court ordered ex party mainteance order. i filed miscellanious petition for set aside the order of maitenance. my misc. petition started and service is served to wife as judge of faimily court mentioned in the order sheet. after three date on misc. petition, judge issued warrant and i approached before the advocate of high court patna and now in thinking :
1. to file writ before the high court to instruct the family court to hear my misc. petition firstly and stay the warrant.
2 Secondly : to file bail petition against the warrant issued by family court and another case for istruction to family court to hear my case
3. Thirdly : Revision before the high court to stay the maitenance order and instruct to family court for giving oppurtunity me to argue the case
kindly suggest what option will be the best to proceed
ROHIT SHARMA
(Expert) 08 March 2016
1. The warrant must have been issued because you may not have been present to hear the court to decide on your C.M.A. to set aside the ex-parte order for maintenance.
2. Appear before the family court and have the warrant cancelled and plead that your C.M.A. be heard.
3. If the ex-parte order is not set aside then file an appeal before the session court to stay the maintenance order.But in that case you will need to deposit 50 % of the maintenance amount ordered to be paid before your file such appeal.
Rajendra K Goyal
(Expert) 09 March 2016
You are liable to pay maintenance till any stay is granted. Family court may proceed if no stay granted on proceedings.
proceed to have stay on the maintenance payment orders. Discuss with your lawyer regarding bail.
