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125crpc ad interim maintenance

Page no : 2

T. Kalaiselvan, Advocate (Advocate)     23 January 2025

You were advised to file a set aside petition to set aside the exparte interim maintenance order.

You first file the set aside petition and before that you can change the lawyer or at least inform court and your current lawyer that you are terminating the vakalatnama given to your lawyer and pray time to file counter 

In the set aside petition itself  you can file the evidence to prove that she is gainfully occupied and drawing a handsome income hence she is not eligible for interim maintenance.

Don't waste time by approaching this forum with the repeated questions without taking any steps as suggested. 

1 Like

Harsha (Business )     24 January 2025

Ok sir thanks for the reply.

T. Kalaiselvan, Advocate (Advocate)     24 January 2025

You are welcome for your appreciations.

...

Harsha (Business )     02 February 2025

Hello sir ,sorry for asking this question 

Advocates are confusing me in this matter so asking here sir.

My 125 crpc is exparte order. Now one advocate is saying we should file  set aside exparte order in high court only first coz when order is passed by family court in Karnataka we can or  should challenge only in high court, as orders was passed by family court and not by trial court,

And other advocates is saying we should file in family court only first n if it's not in our favour mean we should file in high court..

 

Now in dis which is correct sir.

 

Plz guide me sir

sai narayana   02 February 2025

any exparte order can be challenged in the same court which passed that order, that's the facility given by the law of course you should prove why you were absent on that day. On failure of the same, you have to challenge the order on both merits and your reasons for your absence then in appellate or revisional jurisdrictional court.

Dr. J C Vashista (Advocate )     03 February 2025

File your petition to recall the orders of ex-parte in the Family Court. If the Court rejects or you feel aggrieved then only move to High Court.


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