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Harsh (Manager)     04 February 2017

Appeal in hc for higher maintenance

Experts - my ex got expartee divorce decree. I was unaware of the proceedings as I was in a different city. I recently learnt from relatives that she is remarried now when I checked and found about expartee. Another point is that she was awarded some maintenance/alimony by FC, and they have gone to HC to appeal for more maintenance. My application for order copy at FC was rejected (saying I need to file vakalat). 1) Kindly suggest if HC can revise maintenance amount without sending me any summons? I have not got any notice yet. 2) Would filing a vakalat in FC open doors for appeal against expartee maintenance amount? How can I avoid any adverse judgments from HC.


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 10 Replies


(Guest)
Originally posted by : Harsh
Experts - my ex got expartee divorce decree. I was unaware of the proceedings as I was in a different city. I recently learnt from relatives that she is remarried now when I checked and found about expartee. Another point is that she was awarded some maintenance/alimony by FC, and they have gone to HC to appeal for more maintenance.
My application for order copy at FC was rejected (saying I need to file vakalat).
1) Kindly suggest if HC can revise maintenance amount without sending me any summons? I have not got any notice yet.
2) Would filing a vakalat in FC open doors for appeal against expartee maintenance amount?

How can I avoid any adverse judgments from HC.

Maintenance only till she remarries.  She remarried.  No more maintenance for her.  Make court aware via advocate.

Harsh (Manager)     05 February 2017

Hi Helping Hand - thanks for the quick response.

Expartee in May , Maintenance Awarded/ Heard abour remarriage in Nov / Found out  about expartee  in Dec and tried to get order copy/Learnt about their HC move

Should I (my advocate) appear before HC without receiving any notice or should I reopen it at FC?

I am consulting my advocates also, but expert opinion here is also very helpful and appreciated.

thanks,

Harsh

Sachin (N.A)     05 February 2017

Why you want to re-open the case, as now she has already married someone else you need not to pay any maintenance,

You just need to have proof that she has married after divorce.

A walk alone (-)     06 February 2017

As she is remarried, You dnt have to pay her any maintenance.You should forget all this and find someone else. No need to appeal in HC or roaming court.

Vedamurthy   11 February 2017

If she remarried what is your objection? Do you want to give trouble her? Forget about paying maintenance, if your words about remarriage is true just collect evidence and submit in high court.Start a fresh life all d best.

Vedamurthy   11 February 2017

If she remarried what is your objection? Do you want to give trouble her? Forget about paying maintenance, if your words about remarriage is true just collect evidence and submit in high court.Start a fresh life all d best.

Vedamurthy   11 February 2017

If she remarried what is your objection? Do you want to give trouble her? Forget about paying maintenance, if your words about remarriage is true just collect evidence and submit in high court.Start a fresh life all d best.

Vedamurthy   11 February 2017

If she remarried what is your objection? Do you want to give trouble her? Forget about paying maintenance, if your words about remarriage is true just collect evidence and submit in high court.Start a fresh life all d best.

Vedamurthy   11 February 2017

If she remarried what is your objection? Do you want to give trouble her? Forget about paying maintenance, if your words about remarriage is true just collect evidence and submit in high court.Start a fresh life all d best.

Harsh (Manager)     27 August 2017

I collected all details (however no photo or document yet) and filed  a stay against maintenance order and  sent a notice to her new address regarding her maintenance, however, the summons was first received,opened then after 2 days they returned the notice saying that it is not for her and the notice was delivered at a wrong address !  Any suggestions please?

thanks


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