Unclaimed summon and exparty order

Bittu (Querist) 23 July 2017 This query is : Resolved
Hi,
i would like to know about the meaning of "Unclaimed Summon". i am divorcee and after my divorce my wife filed for maintenance 125 to Family court. and Family court ordered that no need to pay maintenance because she had 2 master degrees and able to earn money, and there is no reason to left my house. Also i got divorce on same reason that there is no reason to left my house.
Now i am not staying in my native place and nobody was there. For job, i am staying in other state. But i heard that she had again filed another case to Civil court and the summon had returned back as "unclaimed" and judgement had given as ex-party. i have to pay maintenance now.

please suggest me:
1. at this situation, what i can do against this judgement?
2. where to file?
please guide me

Regards, Bittu.

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Rajendra K Goyal (Expert) 23 July 2017
Contact your lawyer and obtain certified copy of the orders. Try to get the ex-party orders set aside.

P. Venu (Expert) 25 July 2017
Yes, you can get the matter reinstated and decided on merits. An unclaimed summons would be taken as duly served.

Bittu (Querist) 25 July 2017
Thanks for your reply. What I need to do for that? Shall I go to High Court or need to file at same court?

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