chandraprabha (NA) 19 May 2013

Caveat application for family court

If any person try to get exparty order for under section 9 & under section 13 A, through family court, there is every possibilities to do like this because the said person is totally fraudy so can i apply to the Family court for CAVEAT application...?

Reply Follow

7 Replies

Tajobsindia (Senior Partner ) 19 May 2013

1. If respondent is aware of pending case(s) in Family Court then better attend the same in and every date why let either/or proceed ex-part necessitating 'caveat' application !.

2. Caveat may be filed only to oppose the application and not to support.

3. Notice upon the caveator filing the date of hearing of the application is a must. It is a mandatory under the S. 148-A CPC.

4. However in the event of Execution or cases not covered by such provisions notice of Execution is not necessary. Therefore, the judgment debtor is not entitled to a notice of an Execution of a Decree at the initial stage by lodging a caveat anticipating such an Execution which is said in reference to proceedings in Family Court when you talk of S. 9 RCR in same breadth.

5. If worry basis is 'fraud may happen' then same can be set aside.

Shantanu Wavhal (Worker) 19 May 2013

IN THE HON`BLE HIGH COURT OF JUDICATURE OF ----------

BENCH AT ----------

Caveat application no. _________ of 20--

In the matter of caveat u/s 148 A of the Code of Civil Procedure

Caveator :

Other party / Opponent :

The caveator humbly prays that :

1) No order such as stay, status quo, injunction, inventory or any other interlocutory order be passed without due notice to the caveator in an appeal likely to be filed against the judgement and decree in the Hindu Marriage Petition number ---- of 20---- on the file of the hon’ble Civil Judge, Senior Division, ---- dated ---- wherein ----, r/o ----; may be appeallant and caveator will be respondents.

2) The caveator undertakes to send notice of this caveat to the intended appellant by registered post A. D. at the following address:

----

3) Caveator’s address for service of notice is as under :

----

4) Fixed court fees stamp is affixed to the caveat application.

Date -

Place - Caveator

Shantanu Wavhal (Worker) 19 May 2013

this caveat has to be filed after the passing of decree - applicable for Appeal proceedings. before passing of the decree, keep an eye on the daily filings at the concerned district court. no one can get the proceedings decided exparty unless and untill the legal process of proper service of summons is duely followed. now a days, the family court case filing can also be seen online or u can check periodically the filing status in the court campus, where there is a separate counter to give information regarding the same.

(Guest)

Unable to understand Why a Person file file Section 9 & Section 13 A together. One side he is seeking the return of the wife. The other side he is filling a divorce. The Advise give by Tajobs is best.

Dinesh (Software Developer) 04 May 2019

HI to All

I have a query regarding Caveat for matrimonial case -

Can anyone help me to share the proper format from Husband to wife as Husband need to send caveat to the court .

-What is the process and how we can do this ?

Please do help

Mohammad Mansoor Syed 09 October 2019

Respected Lawyer,

1. I am from Nandalur mandal, Kadapa district, Andhra Pradesh.

My late father filed a CPC suit(AS/2/2018 in III additional district judge court)against my uncles.

Meanwhile my mother also died. Now we are 3 plantiffs(R3-Son1, R4-Son2 and R5-Son3).

Rajampet civil court has dismissed the case without cost. We are unsure whether my uncle will go to high court or not, do we need caveat here or the honourable high court will see the proceedings or judgement given by Rajampet civil court and don’t grant any stay to the judgement given by Rajampet civil court.

Please provide your valuable suggestions.

2. Could you please let me know how much will cost for filling a Caveat petition in High court of Andhra Pradesh ?