Case Details
1) I applied for RCR to get my wife back. Conciliation failed ,Transportation and interim maintenence orders hapenned as 2500 Rs per visit with escort
and 20000 Rs per month as interim maintenence. The interim maintemence ordered based on my salry slips as wife sent the summons to my office to take
my salary slips which was 60000 and odd amount. She claimed in WS that he need divorce,month;y maintenance of 25000 per month and permanent alimony
of 1 crore rupees for which the say was not provided from our side.
2) As 20000 Rs is a huge amount and my lwayer said not to show the loans and deductions as he was under the impression that interim maintenance will
be same as maintenance pendeant lite and will be resonable and not based on salary and it is neither suit of partition to order that way. So we went
to High court filing a writ petition.
During this time my lawyer advised not to attend the family court as they will start asking for maintenance after order we can attend taking the order
copy and me amd my advocate neither went nor informed to lower family court. On the other side Writ Petition got dismissed during admission and got
the order of the same on 5th April 2011.
When we went lower court to see what is the status of case on 15th April we were said the judgenment has occured.
The judgement was based on the following points
No interim maintenence was paid so the RCR is dismissed and neither the petitioner nor his advocate was available.This hapenned on 18th Feb 2011 when
we applied for writ petition to high court on interim maintenance The interim maintenance order was granted on 1st Jan 2011.
The counter claim divorce appidavit was put in my absence and evidence appidavit of my wife and her mother as witness were considered and the order
was granted on 13th April 2011. This was came into light when i went with cerified copy of high court on 15tyh April 2011.
The order is as follow.
The counter claim is partly allowed and the marriage is dissolved into a decree of divorce.
The claim of return of gold ornaments is dismissed.
Permanent alimony of rs 20000 per month is granted since 13th April 2011.
Now follwing are my queries
1) As RCR is dismissed do i need to pay interim maintenance to my cheated wife.
2) As divorce is granted as exparty and permanent alimony of 20000 per month is granted as a order with out any cross verfication from our side
( I totally agree that we didn't inform neither attended the court was our mistake as my lawyer suggested the same)..
Will this be granted without cross verification nor informing us on these appidavits as presentation of affidavits were also allowed in our absence.?
3) At this moment as divorce is granted and permanent alimony of 20000 per month also , how can i go for a appeal,
I heard that we can go for writ appeal and one of my lawyer says no need to show the deductions again and case will be in favour of hours.
I do not understand how. Any ideas?
