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sandeep (pvt service)     10 December 2016

Can i appeal against exparte final order in 125 case

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



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 4 Replies

adv.bharat @ PUNE (Lawyer)     10 December 2016

Sandeep court will allow you to cross examine her after filing of evidence.

Till the decsion of appeal is given by honerable High court you need not to pay the order amount.

Will u appreciate this answer by giving like on my LCI profile?

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     10 December 2016

If S. 125 case is ordered ex-parte against you, you should move an application to set aside ex-parte in trial court.  The court will allow your application after imposing costs and allow you to cross examine the wife when she files evidence.  In the meantime, you pursue revision against interim order in High Court.  If High Court granted stay against interim maintenance order, then you need not pay.  Otherwise, when wife files for execution, you have to pay.

Your next question, that in main case if the court orders maintenance against you, then you have to file appeal in High Court.  The High court may ask you to deposit some amount, like 50% of the arrears, before hearing your appeal.  If you fail to deposit that amount, court may refuse to hear your appeal.  If maintenance order is passed and in execution you refuse to pay the amount on the ground that you are not in a position,  you will be sentenced as per law.


(Guest)
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.

Kumar Doab (FIN)     10 December 2016

Pls take the advise of both Ld friends seriously.


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