Quash or contest
GANGO PADHYAYA
(Querist) 28 June 2013
This query is : Resolved
Sir
In Visakhapatnam Dist Husband filed a divorce case and wife received notice not attended court thereupon exparte decree passed in december 2010.
in month of august 2012 wife file a petition to set a side decree that petition also court dismissed
After that in Visakhapatnam Dist husband filed a case in Lok adalat (LEGAL SERVICES AUTHORITY)for welfare of child and wife the notice them and contested the matter not settled the matter is closed.
husband profession : Dobhi
wife profession : Dobhi
she is a earning member
It is pertain to mention that wife a Maintenance case in Vizianagaram Dist in the year 2010 notice not received by husband but today one NBW warrant came to husband. It is utter surprise to husband about warrant
with out filing NBW recall petition ( Section 70(2) CRPC)
Quash petition file in Apex Court it is maintainable ??
-----------------------
Now by filing a case before (LEGAL SERVICES AUTHORITY)for amicable settlement of the matter
or
go for quash proceedings
because she her deserted the husband,
which one is better solution for husband
Regards
Gangopadhyaya
09849774819
Adv Archana Deshmukh
(Expert) 29 June 2013
You cannot go directly to the SC, first of all see in which case and due to what the said warrant is issued. Engage a lawyer. Find out all the facts and then decide the proper course of action.
Rajendra K Goyal
(Expert) 29 June 2013
Agree with the expert adv Archana ji, nothing more to add.
Raj Kumar Makkad
(Expert) 30 June 2013
There is o matter of going to Supreme Court as replied by one of the experts and seconded by others.
The querist has asked the better way to settle the things. As the marriage has already been dissolved and the custody case of the child has also been finally disposed off. Now remains the matter of maintenance so it is better to appear in that case and contest the same on merits.
