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a   09 May 2016

Show cause notice against session court

Hi Experts,

 

I'm not sure whether I'm asking correct question or not. I require help regading to file show cause notice against ex party passed by session court.


Session court passed ex party on the basis envelope retrun. Envelope return to court because my house had close and I had in office.Only on the basis of envelope return, court did ex party and pass intrim maintenance to my wife in appealed DV case. I'm staying in Satara and my wife filed DV case in Mumbai.

 

Even court didn't follow correct process to send notice through bailiff. First time she filed case magistrate court and I got notice through bailiff. Then I fought case on my merrit and her interim maintenance rejected because she is earning 50,000 /- INR per month. Then she appealed in session court. Her advocate sent notice through Indian Post register AD. Courier got undelierved because I was in office. Then my wife's advocate filed service of affidavit and has taken ex party order. After two ex party hearining, court passed order of 30,000/- INR per month even she is earning 50,000/- INR eaning.

 

I have checked my case file in session court and then I have found that there is no bailiff report attached. I have discussed with few advocates. few advocates told me to file show cause notice against session court. Few advocate told me that you can't file.

 

As per discussion with few advocate who told me to file show cause notice, if envelope come return to court, then court should follow next process as like pasting order, newpaper publication.


Court is not followded complete process and did ex party in my case. Please let me know whether I'm wrong or correct if I'll file show cause notice to session court nad put stay on session court's next hearing.

 

Please give me honest and correct reply.



Learning

 2 Replies

Dr Martin Campbell (Doctor)     09 May 2016

You can question this in Honourable High Court of your state by way of appeal, but there too if you want favorable orders, then you must prove that neglect has taken place.  

a   09 May 2016

May I need to appeal in JMFC court or High court?.. Also please let me know will I need to appeal in high court or file show cause notice in session court.

What is best way?.. Because high court advocate is charging huge money to appeal in high court.

May I know difference between show cause notice and appeal ?..


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