Upgrad LLM

shocking exparte order us 125 crpc

Kaatu Poochi&Co

My friend got exparte order 125 crpc. Wife not produced salary certificate, she only write petition husband getting salary Rs.45,000/- per month. 

The corrupted judge passed the exparte order, Husband should pay to him wife monthly Rs.7,000/- 

How is possible 

 

I got some judgments "Interim maint increase illegal as no income proof produced"

http://advocateseema.in/files/Sanjeev_Gupta_Vs._Shalini_Gupta_on_23_February,_2009.pdf

 
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instructor

Kaatu don't criticise the judge if you have any objection regarding this judgement you may appeal in the session court and get the relief .

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Kaatu Poochi&Co

Sir why I blaming judge?

1. The exparte order passed by judge without any notification.

2. Without salary record submitted by wife.

3. Main point the judgment send the court after 2 months from judge signature date.

4. Appeal date bared.

So I asked is this corruption or not?

 
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barrister

Mr. kaatu poochi 

You have not provided detailed stuff as to how the matter was set exparte. did your friend appear in the court at the hearing date ?. It seems that your friend received notice from court and failed to appear or he might have not filed counter even after giving several adjournments.

You can file an application to set aside the order. Why would you want to go for an appeal ?. If there is any delay for filing the application you can file condonation of delay application along with it. 

If your friend has remained idle without contesting the application filed by the wife, then factors like salary record, etc etc will not be looked into and the judge can straight away pass exparte order . This is a statutory power granted to the judge.

Take assistance of an advocate and proceed..

Good Luck...


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Kaatu Poochi&Co

Welcome cyberlawyer sir,

We have set aside the case successfully. But in the legal provision has printed the set aside is Magistrate's Final Decision and Order, and asking the Judge to modify...

Magistrate accept and reopen completed but he passed the delay fine Rs.2,500/- each head. We have paid Rs.12,500. 

1. The delay real reason is not our mistake court only send the copy 2 months later from magistrate signature date. 

2. Why the magistrate passed the fine? 

3. Magistrate asked reason from us. If I asked the reason to magistrate why he send the judgement 2 months delay from the signature date?

4. Can exparte order passed by Magistrate without any notification.

 
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in matrimonial cases, judges are lenient and casual and this should be... even though ex parte order , but the parties are already party to marriage... no big deal....


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barrister

@kaattupoochi

First try to understand that the judge cannot act as a baliff. The bailiff is a person who works in the court to deliver notice to the respondents and some other similar tasks. The judge just passes the order. 

IN your case, if the notice asking your friend to appear in the court at a particular hearing is received by your friend but defaulted on the date, the judge passes exparte order. This will appear in every case in civil court as well as small causes court and even high court.

But if the notice is not recieved due to absence of the party in the address given by the wife/petitioner, then the judge will ask to issue fresh notice. 

The judge is not concerned whether the notice reaches the party or whether the party is evading service by bribing the court bailiff bla bla. But if the petitioner wife presses the court especially by an advocate  and asks for publication or notice affixure in the respondents house, in such a case it will be deemed to be served and thereafter exparte order passed. 

The delay period will commence only from the date of knowledge of the exparte order. There are several citations for this. Even the judge knows this. so if you have filed set aside exparte application within 30 days from the date on which the judgment is served to you, then you could have argued this before the judge. 

May be its because your friend received notice and remained exparte, the court has imposed fine. You are hesitant to tell whether notice asking you to appear before exparte order is received by your friend or not.

 
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Kaatu Poochi&Co

Sir, It's a absolutely corruption I will explain everything.

Judge gave time 30 days from the Judgement disposed date it's ok. But in this case R1,R2,R3,R4,R5. The R1,R3,R4 not in that place. R2,R3 Aged parents only received the court summon they were arranged a advocate for them but the advocate not appear in the particular hearing date so Magistrate passed exparte order R2,R3 ok I accept it. R1,R2,R3 Not received court summon. The join family DV/125crpc case R4,R5 Left from house 20 years back they were settled another place with their family. 

The corruption

1. How can Magistrate pass the exparte order R1,R4,R5

2. Without notification (Paper etc.,) Judge passed the exparte order

3. R1,R3,R4 Not received court summon (They are living different place)

4. Now Judge passed the fine  R1,R2,R3,R4,R5 (Delay open)

 
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