|Originally posted by : sandeep
|my 125 case running exparte since interim stage, have alredy appealed in HC for biparte.
no case scheduled for evidence of petitioner in main case.
i want to know, will the court allow me to cross examine her after her evidence in main case?
i court orders some amount in final order and if i appeal in HC against order of family court. do i have to first clear all the arrears ordered by family court? whatever it is, as i cant afford that much amount
Its no use going for appeal in HC if you let your case go exparte. As told above by LD friend, you will need to pay half of the dues to wife before HC accepts your appeal. Anything less than 5000 rupees HC wont reduce, and if the amount ordered is 3000 rupees and all, there is fair chance for HC to increase the alimony lower court has ordered to even more than 5000 per month.
Either case, you should have strong reason like health grounds that you don’t have job anymore, only then HC might readjudicate the alimony ordered. Or else going for appeal is waste of time and money.
Instead of that, go for revision petition in the same family court after period of 1 year, stating change in circumstances, asking court to reduce the alimony, here too you need to clear all the dues before court refixes the alimony it has ordered. But change in circumstances application can be given only after completion of 1 year from date of order.
Or else warrant issue, if caught you be in judicial custody until you clear dues. If not caught, NBW issue, if caught no bail. Beware.