Maintenance case u/s 125
Mahesh Chand Gupta
(Querist) 05 October 2013
This query is : Resolved
I am the respondent in the maintenance case u/s 125. The case was fixed for hearing on 20.03.2013 on which date, all lawyers were on strike. Respondent was in Allahabad on 19.03.2013 to attend a case in Allahabad High Court and could return back to Ghaziabad only in the afternoon of 20.03.2013. On inquiring from advocate, he told that there is general strike of lawyers. On non - presence of respondent, judge closed the cross examination of the respondent for which Affidavit was submitted earlier. On next date of hearing on 20.05.2013, respondent was present in the court and put up his application to allow exemption from non - appearance on 20.03.2013. It was accepted verbally by the judge and ordered to petitioner to start cross - examination of the Respondent. But the petitioner said that she will file written objections on next date. Next date 30.09.2013 fixed for submission of objections by the petitioner. On 30.09.2013, Respondent, being an old aged person, was having critical pains in his eyes due to cataract and sent a parokar to the court to receive the objections and submitt application for exemption from non - appearance. Petitioner submitted written objections on which judge wanted verbal reply of parokar for which he was not able to reply. Judge dismissed application for exemption from Non - appearance and closed cross - examination of the respondent and fixed 24.10.2013 for final arguments. What is the remedy available to me now.
Nadeem Qureshi
(Expert) 06 October 2013
file a revision against that order before revisional court for set aside that order
R.K Nanda
(Expert) 06 October 2013
agree with experts.