Jackie Shroff (Consultant) 05 February 2014

Interim maintenance

Hello Experts,

I am resident of Ahmedabad and fighting out my Divorce case from last 4 years. I had submitted my Divorce case in June 1999; after which my wife had submitted Interim Maintenance Case ( under Section 125 ) against me.

After 4 years, the case (and its claims) has been dismissed by the Family Court ordering me just to pay Rs 10,000/- as the wife's lawyers's fees to my wife.

Our Divorce Case is still pending at the Family Court.

Anyhow at this Juncture, my wife can go to High Court and re-apply this Interim Maintenance Case . Will the High Court give its verdict without even calling me for the matter?

My Lawyer says that there is some Keviate Procedure/Application for this, so that the High Court would not pass any order without calling me. I dont believe this as I think there is no such Legal Case i(in India or Outside) in which the Judgement is given without even calling the Opposite party.

Please advise.

Thanks

Jay

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8 Replies

Siv (engineer) 05 February 2014

Let wife go to Higher court.... please post the Judgement/Order of Family Court so that we can advise better

fighting back (exec) 05 February 2014

the high court would not pass any order without giving u a summon, why was her interim maintainence dismissed? give us more details

Jackie Shroff (Consultant) 05 February 2014

Hi, Thanks for ur replies.

The Interim maintenance was dismissed as she is a Non resident who is already getting Monthly Social Assistance from the Goverment (of the Country she resides). This amount itself is Rs30,000/- (in Indian Rupees) .

Also we have a Son who is 12 years old and is living with me .

Regards,

Jay

fighting back (exec) 05 February 2014

so even if she approaches the high court, you keep your evidence ready to counter her claims,. you collect her Monthly Social Assistance proof along with bank statement, if it is possible for you, this will definietly dismiss her case, you need not worry., let her take her own sweet time to run around. and fill her lawyers pocket, you keep your evidences ready.

Bhushan Shirsath (juniour) 05 February 2014

yes there is procedure of Cavate. under sec. 148-A of C.P.C. court cannot pass any interim or ad interim order without calling opposite party.

Jackie Shroff (Consultant) 05 February 2014

So, what is the Advice ?

Should I go for the procedure of Cavate. under sec. 148-A of C.P.C. and waste my money on it ?

This might be true, but still its hard to believe how can a Court pass any Order w/o calling the Oppiste party?

Regards

Jay

Jackie Shroff (Consultant) 06 February 2014

I did not get any response back on this Post. . So I am posting / requesting again.

Should i I go for the procedure of Cavate. under sec. 148-A of C.P.C. or wait for my Opposite lawyer to file case in High Court and wait to get a Call/Summons from High Court?

regards