Petition for set aside the maitenance order u/s 125 crpc
Sundram N
(Querist) 07 March 2016
This query is : Resolved
Dear Sir,
i filed petition before the family court for set aside the exparty maintenance order when it came in my knowledge. family court started proceeding on my petition and summon served on wife. after serving notice to wife and merging the file of maintenance order u/s 125 with my petition for set aside , the family court issued warrant for default in payment of maitenace as per order against which hearing and procceding is under progress before the same court.
i approached before the patna court and consulted with some of the advocate. advocates said that i have to file revision directly before the high court and not the petion before the same court for set aside the ex party order.
sir i require your suggestion :-
1. I am thinking to file a writ petition before the high court to give instruction to the family court to hear my petition of set aside of the ex party order on priority basis and stay of warrand so that i can be given full opportunity to submit my evidenece and also argue the case. as wife is wilfully not attending the case after serving notice on my petion for set aside.
2. Secondly : i am thinking to file qush against the maitenace order.
3. Thirdly : filing anticipatory bail agaisnt warrant issued by the family court and another petition for giving instrustion to dispose my petition by family court.
kindly suggest what option out of the above will the best option out of the above three.
2.
Rajendra K Goyal
(Expert) 09 March 2016
Full case file need to be referred, consult senior lawyer.
dr g balakrishnan
(Expert) 25 July 2016
writ is inappropriate in your matter it would just be dismissed pls.
please issue a 2 or 3 week notice again to your wife seeking clarification
Advocate Kappil Cchandna
(Expert) 08 March 2016
