Exparte proceedings in crpc 125 case

make appeal to set aside the expartee decree.

no. Merely becaudse you have been oproceeded against ex parte, does not mean that the court shall grant the releif exactly as per what your wife has claimed.

You may request for the ex parte order to be set aside again, if you manage to show sufficient cause.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Appropriate reason to satisfy the court can set aside the second expartee order may be with cost Sonia malhotra 9953611602

@adv bharat...@augustine chatarjee ...@sonia malhotra........thank you alll for your kind and valuable guidance....actually, my proceedings were announced exparte for the second time, first time it was set aside, then again date was missed so again case proceedings were announced exparte, now judge not allowing to participate in proceedings, my lawyer has now filed order 9 rule 7 to allow me to participate, also have appealed in HC for condonation of delay, HC is yet to give its verdict, howver family court, which is running 125, is about to announce its exparte order in 125.

so i was tensed, how much will the court order now, as she has given on affidavit my income as 45000 and demands rs 20000, which is not correct, '

case is running since 4 years, so will judge announce from date of application?

since interim is running, so after interim exparte order, will court let me participate in final proceedings?

will court really give her 20k only on the basis of affidavit?

is order 9 rule 7 applicable in family court for 125 case?, can i get relief in exparte scenario?

Thanks experts

Brother first be cool why are you worried? It's India if you get decision from one court you can appeal in higher court. Once you decide to fight then fight uptoSC. What do you think if she ask moon court will order moon? Maintenance depends upon her education, her responsibility, your status of living etc. Maintenance can be given 1/3 of your salary. Instead of being tensed hire a detective and gather evidence against her.

@walk alone......thanks buddy for your encouraging words, i am worried because case is proceeding exparte, though i have appealed in HC, i fear that if a huge amount is ordered, how will i pay? and if i want to appeal in high court, how much amount will i have to pay before appealing.

CRPC 125 is criminal case so civil law of CPC is not applicble.

 

You can move application under crpc 127 first before faimily court against what ever order is passed and than go in revision. So your problem of delay condonation etc will be over.

 

 

The maintenence will be granted from day of application and it is treated as interlocutory order so no revision is allowed. 

 

However you and simiar cases like yours can take objection on many mistakes the other side do as a rule such as name, address,legality of marriage  and hence jurisdiction. You can go even upto APEX COURT on these issues alone stalling the main case .

thank you laxminarayan sir, but in exparte proceedings, will the judge order what ever she has asked for? and how do i request for the family court to wait for judgement from HC to wait for condonation of delay verdict? thanks sir