Couer proceeding in 125 cases for maintenance
Sundram N
(Querist) 18 April 2013
This query is : Resolved
Respected Senior,
In hearing of maitenance case yesterday ( wednesday), it is observed by family judge that summon is backed without serving to husbnad. family judge gave note that, in next hearing, exparty order will be passed.
sir, i personaly want to know that, judge can give exparty order of maitenace without any evidence from wife side or husband side in next hearing as the summon is not served on husbnad.
what procedure will be taken in next hearing by judge. kindly share your expert veiw. Husbnad AB in 498a is pending about eight months in session court.
Devajyoti Barman
(Expert) 18 April 2013
Whom are you representing?
On the next date if the husband fails to appear the court would pass the order ex parte.
It has nothing to do with AB hearing.
Sundram N
(Querist) 18 April 2013
Dear Devajyoti,
Thanks for immediate reply!
Sir, Judge noted that, case proceddings will be started exparty if husbnad is not presenting.
i want to know that, how much time and waht procedure will be taken by family court to pass ex party order.
Devajyoti Barman
(Expert) 18 April 2013
Court would hear the petitioner and pass the interim order ex prate.
If it is fixed for final order then after deposition of wife the court would pass judgement ex parte.
Raj Kumar Makkad
(Expert) 18 April 2013
You might be having the knowledge of next date of heating. If husband do not appear on that day despite of notice, he shall be proceeded as ex-parte on the same day and the wife shall be provided an opportunity for the next date of hearing to conclude her evidence and case shall accordingly be decided. The interim application can be decided on the day of ex-parte order even.
