Vijay Bhaskar (Law student) 20 June 2017

Appeal against alimony in divorce case

Dear Sir

I am from Andhrapradesh pursuing my studies abroad while doing part time driving. Me and my wife fought over phone and my wife has slapped two cases against me.

1. Divorce case (set as exparte and court granted divorce & ordered alimony of 20 lakhs) and
2. False 498a case against me (warrent issued).

I do not want to discontinue my studies and return back to India now for appeal against alimony. Can you please help me on the following points.

1. Can I postpone the appeal for alimony of Rs.20 Lakhs till next year when I can complete my studies return back next year and come to settle the matter once in for all given that Divorce/Alimony was set exparte and summons unserved.

2. Is there any time limit for appeal say 1 month or 3 months post which I can not go for appeal. If so, being a civil case, can I request my relatives to appeal on my behalf through POA.

3. Should the appeal be done in same court or district court or high court?

Thanks & Regards
Vijay Bhaskar

Reply Follow

7 Replies

sai narayana 22 June 2017

When the summons were not served, the statutory time allowed to file a petition in the same court for setting aside the order and restore ( restart the trial) under Order 9 Rule 13 of cpc is 30 days from the day you come to know of the adverse order.

So first file set aside petition by a able counsel along with prayer for dispensation for your personal appearance. The lawyer will drag the case at least for 1 year very easily during which you can pursue whatever you desire.

Vijay Bhaskar (Law student) 23 June 2017

Dear Sir

Thanks a ton for the speedy response and inputs.

Is it ok to file the appeal before session court instead of trial court. Will the time period for filling is the same 1 month or is it 3 months in upper court.

Is it One month from Day I come to know of the adverse order or 1 month from issue of Decree? This is because I learned about this order only after 10 days now and I have 30 days from now instead of 20 days?

Thanks & Regards

Vijay Bhaskar

sai narayana 23 June 2017

Originally posted by : Vijay Bhaskar
	Dear Sir Thanks a ton for the speedy response and inputs. Is it ok to file the appeal before session court instead of trial court. Will the time period for filling is the same 1 month or is it 3 months in upper court. Is it One month from Day I come to know of the adverse order or 1 month from issue of Decree? This is because I learned about this order only after 10 days now and I have 30 days from now instead of 20 days? Thanks & Regards Vijay Bhaskar

Brother read my above reply properly. What I advised you to file in the same court is not appeal, it's a restoration. Rest of the issues leave it to your consel.

Vijay Bhaskar (Law student) 24 June 2017

Dear Sir,

Thank you very much.

Regards

Vijay Bhaskar

Vijay Bhaskar (Law student) 30 June 2017

Dear Sir

I have one more clarification.

Instead of setting aside of exparte divorce decree, can I lead evidence for reduced alimony in the pending 498a case before the Trial court showing my income/tax filling for the last few years.

Regards

Vijay Bhaskar

sai narayana 30 June 2017

Only the court which issued the Exparte order or any superior court to it only have the jurisdriction (authority).

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 30 June 2017

Since you are already abroad, it is impossible to bring you back for them unless you are misled by any bad advocate and land India.

Never disclose your passport and visa details (Even they know then also they can’t bring you back). Never disclose your address, bank account or any other personal data.

You can stop paying any alimony and stop appearing for 498A and never land on India.

You can marry there.

Please check the following link for more clue.

https://www.facebook.com/RockySmith4Calcutta/