|Originally posted by : Rahul Choudhary|
|Well said Sir. Same thing advised by someone else as well If I appear in any of the court then she the maintenance would start from the day she filed for maintenance. Do you think it would be good idea to name and shame them publicly because I have proofs of all sort?|
Name and shame all illusionary, So better contemplate/dream of new life with new partner.
Exparte means there is no other party. When there is no other party then there is no event of cross-examination. Rule book says even in exparte proceedings also judge must go through petitioner plaint before granting whatever they asked, but in practice courts doesn't follow and blindly grant whatever asked in 99.99999% of exparte cases. So if your case is exparte means you gave up (lost) your case untill and unless you take part in it subsequently.
Attachment of property means the court will auction it and recover the dues/arrears, and after the recovery anything left over will be yours. The auction process may not be systematic as much as if you yourself auction the property so realised amount may be less.
And attachment of salary (of indian government employees) or property (located in India) is done by filing a separate Execution petition and so just like any other civil suits it is also susceptible to appeal in higher forums like HC and SC etc. So it's needless to say that when the stage comes for execution petition, you need a able (cunning) counsel/advocate from the lower court stage itself to frustrate the Judgment-debtor/decree-holder :-)