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Harsha (Business )     01 December 2024

125crpc ad interim maintenance

Hello al.

In my 125 crpc ad interim maintenance is awarded 25k per month.

I have not received notices til now..

My income is 24k per month..

 

Now how to challenge this order sir.

 

Please reply.



 20 Replies

Dr. J C Vashista (Advocate )     01 December 2024

The award is in your favour ??

What type of notice is expected ???

1 Like

Harsha (Business )     01 December 2024

Notice to attend case sir, I am husband , my wife has filed 125 crpc and got ad interim award of 25 k sir

T. Kalaiselvan, Advocate (Advocate)     01 December 2024

If you have not appeared before court even after the summons were served on you then the court might have passed an exparte order. 

You appear before court on the next date of hearing and file a petition to set aside the exparte order and contest the case as per law and merits in your side 

 

1 Like

Dr. J C Vashista (Advocate )     02 December 2024

When the court had summoned you (before passing ex-parte order) what stopped you to attend the proceeding ?

Obey the Court order and challange, if you feel aggrieved.

1 Like

Harsha (Business )     02 December 2024

I did not receive any summons or notice sir , I had shifted my house and I did not know sir

T. Kalaiselvan, Advocate (Advocate)     02 December 2024

You cannot claim ignorance of law as an excuse, if that is the case how did you come to know about the case now?

You may have to appear before trial court and file a set aside petition as well as counter to her main petition along with affidavit declaring your assets and liabiliities. 

1 Like

Harsha (Business )     02 December 2024

Sir my lawyer is telling  we shd go for appeal to high court directly,I think he is misleading me.

Can I ask date tomorrow in court to find a new lawyer and take one date.

 

And sir to file a set aside petition wil they give date sir.

T. Kalaiselvan, Advocate (Advocate)     02 December 2024

You can change the lawyer if the present lawyer is not cooperating and of course you can file a set aside petition against the exparte order granting interim maintenance 

1 Like

Harsha (Business )     02 December 2024

Sir to file set aside petition can we ask one date tomorrow coz I don't have right lawyer to file this now.

 

P. Venu (Advocate)     03 December 2024

What is the Case No.? Which Court?

1 Like

Dr. J C Vashista (Advocate )     04 December 2024

It is better to replace your lawyer if you feel so.

1 Like

Harsha (Business )     23 January 2025

Hello al.

I was sent to meditation after appearing In court for 125 crpc case.

My wife demanding more money above 20 lakhs for final settlement which I cannot give her..

Wat to do sir.i got to know now dat she is working and getting salary of 35k monthly.

I M DOING business and my annual income is 4.5 lakhs..last three to five years my annual income is less 5 lakhs which I have filed income tax returns also... And I have business loans which I took after covid problems I am paying 66k monthly and I have aged mother.

Now court has ordered me 25k montly and it is exparte order sir.

Al I need to know is after knowing my income problem which I cannot give her 25k montly maintenance and she is earning ..

Wat wil court do ..wil d court still say to pay me 25k to her,,

 

 And sir she has lied in her affidavit dat she is not working while filling this 125 crpc case..

She started doing her job in 2022 in January and filed dis case in April 2023..

 

Plz guide me sir

 

Dr. J C Vashista (Advocate )     23 January 2025

Did you submit your income affidavit and vice verse your wife has filed the affidavit??

Whether the Court did not consider income of both parties?

Proceeding in mediation has no affect on merit of the case, let it fail and return to the court.

Harsha (Business )     23 January 2025

No we both have not submitted income affidavit sir..

Court has not considered both the income of parties.


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