gurcharan (computer operator) 20 August 2014

Jd proceeded against exparte and cas adjourned for filing li

I want to ask to you one question if you can answer that is related to the maintenance. My Wife had filled a
maintenance case on me, another case is running of 498. seprately

I am alone in the case rest all family is out of the case.

She got approved the rs.5000/- pm on the behlaf of my 2 years old ITR(INCOME TAX RETURNS)
I was not present at the court because i did not know about this case.

so ON FALSE GROUNDS case was xparty

i was give the application to the court and they have accepted the application and new date was issued to my wife for submitting the proof of income and arrest warrants in this case not yet processed i was not present at my house .

and last order was having the following status

I checked at the internet

Business : JD proceeded against exparte and cas adjourned for filing list of property of JD

i was having background of labour abroad in 2008-2009

I have insurenace as a proof when i had left india. and at the passport also i have the background of wire electriction fitter. and now present i have no work in books

on the behalf o my computer work she had filled the applicaton of maintenance, my office was closed where i was used to work for computer hardware. she showd me computer engginerr but i am faild 10+2

i want to ask only the folllowing

1) in case my application is accepted in the court for the xparty status so in this case can police arrest me?

my lawer says yes police can arrest me and they had visited my dads house and they were just saiting that your son has to be present in the court this summons only tell him(tome) to come to the court.

2) i have pasted the status i got from internet on my case.

3) this case was filled by my wife under 125 maintenance and she was got it done xparty coz i was not present in the court as per my lawer. and then after we gave the application that i did not receive the summons in reliaty also i did not receive the summons of this case my wife had stopped the summons by money but it benifitted. me.

so kindly sir answer.

thanks u lot in advance

thanks in advance

Regards
Gurcharan
from punjab

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7 Replies

gurcharan (computer operator) 20 August 2014

Under Act(s)	Code of Criminal Procedure, 1973
Under Section(s)	125(3)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 21 August 2014

Has the court set aside ex-parte? If it is done; then the execution would also stop.

Regards,

Shonee Kapoor

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If you don't fight for what you want, don't cry for what you LOST.

gurcharan (computer operator) 22 August 2014

my lawer still says they can arrest u

therefore i was not present at the last date for 125 case. but now court is issued a new date for next month but i am still not know what is court decided on this. arrest is not made yet. but the police had visited my house but i was out of the house. police was said to my parents it not for arresting him but it just a warring for him to come on the next date.

regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 23 August 2014

Then in all likelihood, the ex-parte is not set aside/

Regards,

Shonee Kapoor

www.shoneekapoor.com

Facebook: www.facebook.com/shoneekapoor

twitter.com/shoneekapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.

gurcharan (computer operator) 14 November 2014

Thanks to Sir Mr. Shonee Kapoor

Thank you very Much for the reply Till date Police Not Arrested Me.
and Moreover I had filled another case by my lawer may be that is called set aside in lawer language.

but judge is taking the side of my Wife.

I did not receive the Summons and she had filled the wrong address into the maintenance case because of that my lawer made ground for the wrong address and also she stopped the summon her self by paying the money to the summen delivery man.

but now the interesting thing is this Judge made me sign personally at Maintenance case filled by my Wife. where as i did not receive the summons Yet?? at my seprate address, as judge said it is just a present it does not indicate that summons is serviced.

i was present there in that court for another case but my wife silently moved the maintenance case from another court to that court

and he said me to deposit the money personally in shouting way that deposit the money ?? but did not receive the summons and he forcibily made by signed.

gurcharan (computer operator) 29 April 2015

Thanks all Till date i am not arrested for Maintenance by the grace of
God

Now for Maintenance I get two dates
1st is at where my wife filled
2nd date is at the RIT FILLED BY ME
(both rit are filled at same lawer)
I want to ask one question till date the RIT I FILLED IS UNDER THE REPLY FILLED BUT MY WIFES PETTITION IS UNDER THE STATUS Reply Filled and under consideration

Kindly suggest me what can i do next

gurcharan (computer operator) 19 May 2015

Hello Seniors

* clerification: 1st court is that where my case has started for maintenance by my wife
and i used to attend all dates there
* and 2nd court is that where i have been shifted now.

in which (1st court) court I used to go to attend this maintenance dates
now that Judge has moved or I do not know how this case has moved to
Another Judge court
I saw the status at first court showing ADJOURNMENT REQUESTED AND GRANTED

and New judge has told me deposit the maintenace funds whereas she did not listen me and new date has been fixed when cash has to be depost,

the status i see online is FRESH CASE RECEIVED. IT BE REGISTERD CERTIFIED COPY OF ORDER BE FILED NEXT PURPOSE appearance, As far as i know status must be ARGUMENTS BEFORE FINAL THE MAINTENACE I THINK JUDGE THREATEN ME?

SO I want to ask
1) Will that 2nd judge listen to me or not as I do not have any income under books and for physical labour I can not do as i have medical problems, back paid and neck pain
2) now date is issued at 2nd court where i have been shifted NOW . But I checked the old court judge status also and in that first court also same new date has been updated. i am confused why two side date has been updated?
3) and the RIT I HAD filled at the first court is still showing status reply

My lawer says just wait and watch, but i am confuse something looks wrong