(Guest)

125 - not appearance by wife/lawyer

Dear Sir/Madam/Members,

Maintenance case 125 is pending in NOTICE stage last 8 months. ex-wife has not appeared in the court at all, and her lawyer also did not appear last two times. How long would it take for the judge to dismiss the case, if petitioner is not pressing for next steps?

Note: I am paying monthly maintenance without any court order to ex-wife. I have not received the notice, and new address is not known to the ex-wife.

Thanks in advance for your thoughts/suggestions.

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5 Replies

Vijay Raj Mahajan (Advocate) 08 May 2016

Judge should have dismissed the application u/s 125 Cr. P. C if the applicant wife and her counsel are not appearing in the court proceedings. You should insist that the application be dismissed on default on next date of hearing if these people again absent in court proceedings.

Harassed By Wife 08 May 2016

1.) How come you are paying maintenance with interim order?
2.) 8 times she has not appeared and also not her council, then the case should be dismissed by this time. (Default dismissed)

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 08 May 2016

1) Since last two times the other side absent, court may give ample opportunity and dismiss.

2) Insist on to dismiss the case.

(Guest)

Thank you for your suggestions sir. No, I am not planning to appear in the court sir. My question is how long the judge takes to dismiss if no representation from petitioner side. Next hearing is posted after two months.