Sec 9
ad
(Querist) 21 February 2015
This query is : Resolved
Sir,
Sec 9 filed by my wife, in sec. 24 order of Rs. 1500/-.
She did not file any claim application.
now she filed application for struck off of defense due to non compliance of maintenance order. If i did not attend the court from now. what will happened ?
Is there any action can be taken for recovery of amount ?
And if I did not attend this case now how much time it will take for ex-party decision.
And what is the meaning of defense struck off.
Pl. suggest.
Regards.
Devajyoti Barman
(Expert) 21 February 2015
There is no provision for making defence struck off in matrimonial proceeding. It means the court cannot consider your written statement filed in the suit.
The court now should pass ex pate decree.
ad
(Querist) 21 February 2015
and what about recovery of maintenance ?
Devajyoti Barman
(Expert) 21 February 2015
On grant of decree, alimony pendente lite goes..For past arrears she can file money suit.
Rajendra K Goyal
(Expert) 23 February 2015
Agree with the expert Devajyoti Barman.
