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estranged wife (Housewife)     26 October 2016

Exparte dv order set aside

I filed dv case in December 2015.summon was served to husband and inlaws.No one appeared.Exparte order passed in may 2015. I was granted maintenance (very less as compared to husbands salary) and I had asked for residence order in the apartment where I was residing with my husband (from which me and my child have been thrown out).Instead an order was passed by court to pay me monthly rent which is very very lessI can not even rent a one bedroom in slum in that amount.I am not working.Husband works at very big position in MNC.Inlaws directed not to do cruelty and return my streedhan, I filed appeal in sessions court. Husband also filed appeal in sessions court to set aside saying summon was not served to him. Both appeals were heard together. DV order was set aside. In that court has noted that summon has been served to husband by DPO and court so he is incorrect in saying he didn't know but still as it is matrimonial case and no one should be condemned unheard the order is set aside. Husband is directed to pay half of the maintenance amount for 5 months( from may to October till passing of set aside order). 1-Please let me know what I should do now? It has been 10 months and no relief to me.My husband will again linger.My divorce case is running in another city as marriage took place in that city because husbands parent reside there.I was staying with husband in another city.And I filed DV case from city where my parents stay. 2-only husband filed appeal in court to set aside the dv order. Inlaws name was not mentioned in that appeal. So can one person file on behalf of other respondents without even naming them?the order passesd is against inlaws too. 3-Husbands lawyer filed criminal appeal and no section is mentioned in that appeal. My lawyer pointed out that there is no provision to set aside exparte final order in DV case.Can someone file appeal without mentioning under which section they are filing? 4-already 21 days have passed since passing of set aside DV order.Lawyers suggesting highcourt.I don't know what is best legal course to take in this situation?


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 1 Replies


(Guest)
What do you want lady?

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