a 26 April 2016

Require help regarding ex party and interim maintenance

Hi All,

Please find details of ex party reason and after that court passed interim maintenance in appealed DV case.

Ex party Reason:-

Appellant Absent. Adv. present. Respondent and adv. absent. Respondent is deemed to be duly served as the envelope containing notice is returned However, he has failed to appear. Hence, proceeded ex party.

After that interim maintenance passed by court.

Please find more detail below.

My wife filed DV case against me and my family three year ago. She demanded interim maintenance 30,000/- INR and 10, 00,000/- INR marriage expenses. I shared details of her salary and bank statement where she is earning 40,000/- INR. Her interim maintenance got rejected by magistrate court. After that she appealed in session court. Session court passed ex party and order of interim maintenance where mentioned I have to give 30,000 /- INR as rent per month. Even notice is not served to me. Please let me what to do. Today I have received interim maintenance order by courier. My wife's sent that by courier.

I don't understand if magistrate court denied her interim maintenance, then how session court pass order of interim maintenance. I didn’t received notice. Session court even not served notice through police officer as criminal offence, pasting order and other procedure to serve notice. Is it fraud made by court and advocate with me mutually? Please let me know what action I should take against ex party and interim maintenance order. My wife is doing job. I have proofs of evidences of her salary as salary slip where she is earning 50,000/- INR.

Please let me immediately that what action need to take now.

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10 Replies

a 26 April 2016

I think court passed order on the basis of para 6, Please let me know what action I have to take against court and interim maintenance order.

Domestic Violence in India

Right to issuance of Orders:
She can get the following orders issued in her favour through the courts once the offence of domestic violence is prima facie established:

Protection Orders: The court can pass a protection order to prevent the accused from aiding or committing an act of domestic violence, entering the workplace, school or other places frequented by the aggrieved person, establishing any kind of communication with her, alienating any assets used by both parties, causing violence to her relatives or doing any other act specified in the Protection order.
Residence Orders: This order ensures that the aggrieved person is not dispossessed, her possessions not disturbed, the shared household is not alienated or disposed off, she is provided an alternative accommodation by the Respondent if she so requires, the Respondent is removed from the shared household and he and his relatives are barred from entering the area allotted to her. However, an order to remove oneself from the shared household cannot be passed against any woman.
Monetary Relief: The Respondent can be made accountable for all expenses incurred and losses suffered by the aggrieved person and her child due to the infliction of domestic violence. Such relief may include loss of earnings, medical expenses, loss or damage to property, and payments towards maintenance of the aggrieved person and her children.
Custody Orders: This order grants temporary custody of any child or children to the aggrieved person or any person making an application on her behalf. It may make arrangements for visit of such child or children by the Respondent or may disallow such visit if it is harmful to the interests of the child or children.
Compensation Orders: The Respondent may be directed to pay compensation and damages for injuries caused to the aggrieved person as a result of the acts of domestic violence by the Respondent. Such injuries may also include mental torture and emotional distressed caused to her.
Interim and Ex parte Orders: Such orders may be passed if it is deemed just and proper upon commission of an act of domestic violence or likelihood of such commission by the Respondent. Such orders are passed on the basis of an affidavit of the aggrieved person against the Respondent.

Right to obtain relief granted by other suits and legal proceedings:

The aggrieved person will be entitled to obtain relief granted by other suits and legal proceedings initiated before a civil court, family court or a criminal court.

Dr Martin Campbell (Doctor) 26 April 2016

Are you replying to your own query? Or you are sharing information regarding DV act?

This forum is not for checking your Legal expertise.

a 26 April 2016

I require information regading what action I need to take.

Dr Martin Campbell (Doctor) 26 April 2016

You need to pay what court has ordered from date of applicatoin till date,

among other things you can do is bring back wife and ask court to dismiss her DV plea,

or go to appeal in HC,

or go for settlement with wife, pay her one shot alimony and take mutual divorce,

35k x 12 = 4.2 lacs per year + litigation, x 6-7 years til case is over + lawyer fees. Do your math, calculate price for your freedom, pay and get divorce and be happy.

If anybody has got any other option pls let me know. ;)

Dr Martin Campbell (Doctor) 26 April 2016

If you dont wanna pay, go absconding, warrant be issued, next NBW, if caught no bail.

a 26 April 2016

Hi Martin,

Thanks for your reply.

How court pass ex party without served notice ?.. Also please let me know how court pass interim order if it's rejected by Magistrate court.

Please let me know how much HC will take to to reject interim maintenance or put stay on interim maintenance. I'm really depressed when I received interim maintetance order.

Please suggest me best option in current situation. I have proof of her salary slip where she is earning 50,000/- INR.

Also please let me know whether I need to pay interim maintenance till HC pass stay order or not.

(Guest)

You should appeal this order. Contact a lawyer and discuss proper details. Forum is not effective for such situation.

(Guest)

I dont want to comment on other aspects as much is not known about your case, no papers, no case number, no other pertinent details required to give suitable reply.

If you are planning to go for appeal in HC, HC will ask you to clear minimum 50% of dues from date of application, or else they wont accept your appeal at all.

You do as suggested above, go for one time settlement or pay and clear dues or get arrested or go underground.

prabhakar advocate (advocate) 27 April 2016

Appellate Court is there only to correct the orders of trial court. So do not repeat that why Appellate Court set aside trial court order and directed you to pay interim maintenance. Engage an advocate. Inspect Appellate court file. Find out what is the address on the envelope which was returned unserved. Then find out why it was not properly served on you. Then file an application in the appellate court set aside ex-parte order and restore the appeal and allow you to contest. If the appellate court allows your application, then contest the appeal filed by your wife with merits. If appellate court dismisses your application, then you can go to High Court.