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Legal_Help (Manager)     10 August 2022

Urgent-irregularities in ia maintenance

Dear Experts,

My wife filed for a divorce in 2018, OP 3289/2018 before  family court chennai.

There are 2 legitimate IA, marked IA1 (child custody by me), IA3 (amendment for permanent alimony by her). Both were listed in the ecourts website and I am contesting which is fine.

Now last hearing my wife sent a order copy on a mysterious IA368/2020 in OP3289/2018. It is not listed anywhere, trial conducted without my knowledge, order passed on it INR 40000 PM from Date of order. Furthermore she was telling me that she will file a EP, Execution Petition on it and will attach my self owned house which is in loan.

Please advice on how this is possible that a IA case not listed under OP in ecourts and trial and order happened without my knowledge.

Can EP be executed on a IA order and not on final OP order (main OP still pending).

Thanks,

Seeking Ernest response for next steps.



Learning

 2 Replies

Adv. Deepak (Advocate)     10 August 2022

IA368/2020 - Have you read the order of the Court carefully ?  Does it mention that you have been served with the notice of IA and you did not remain present for hearing ?  If it is so,  please check the address on which you have been served.  If it is not the correct address,  you may prefer an application requesting the Court to hear you on the matter, as you have been intentionally served on wrong address so that you may not remain present at the time of hearing and orders suitable for other side can be drawn.  If you are not at all served and ex-parte orders are drawn, you may apply for setting aside ex-parte order.

Legal_Help (Manager)     11 August 2022

Thanks Adv Deepak sir. I don't think I am served at all. I have been appearing to the court as part of main OP 3289 divorce case and there was no mention of it from Judge as well. Furthermore at the date mentioned in order, it was  full lock down in chennai court owing to COVID.


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