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sai narayana   23 January 2020

Status of an exparte order during pendency of its set aside

My wife got maintenance order from family court, which is under challenge in high court but no stay.

She filed recovery proceedings and issued notice through paper publication and then set me as exparte and obtained salary attachment order.

As soon as that salary attachment order reached my offices, I approached the family cour for setting aside on the ground that the paper publication was made in very unknown paper and that too it was published in my wife's residing area not in the area where i am living.

The set aside exparte case is obviously in my favour but the opponent is delaying it by taking adjournments in filing counter to my set aside petition and my offices are saying unless court specifically send a recall order to them, they can not stop execution /attachment on their own.

So I am apprehensive of my salary attachment order execution and seeking our legal experts view on What is the status of an Exparte Order during pendency of  a set aside petition against it, whether it will remain in force or deemed to be suspended/stayed/under abeyance till that set aside petition is disposed of? Please do share any relevant judicial pronouncements too.

Thanks in advance.


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