Nandha (NIL) 20 March 2013
Dear Experts,
Wife leaves husband and has a fake proof for domestic violence thus showing it as a 'reasonable cause' to exit her matrimonial home.
Using the fake proof, she applies for maintenance in the court at her parents' place (another city) and says that husband is earning a big amount showing some fake proof and claims 1/3rd of his earnings as maintenance. Can Court accept her application and order maintenance to wife without hearing the husband side?
Please advise.
Yes. If husband is not present during dates when already wife has filed an IA application, it is duty of husband to go stand in the court, if not judge will pass order based on what wife has asked.
But if husband is present, judge will ask, look dude, your wife wants this much maintenance, can you pay? Then you should tell cant pay that much, can pay this much please oblige my request, then considering your request the judge will lower the IA considerably and order IA.
Nandha (NIL) 20 March 2013
| Originally posted by : Nandha | ||
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@helping hand, i understand, if husband does not attend dates, then maintenance order can be ex-parte. but my query is whether court can pass order even without sending SUMMON to husband informing of such maintenance filed by wife? husband has not received any court notice so far. |
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When you have filed for divorce, it is expected of you to attend the court date. Court wont issue summons for you to appear before court, at the most, court will issue summons to your wife, in case she is not attending, that failing upon, exparte orders of divorce will be passed, and not for maintenance orders.
Nandha (NIL) 21 March 2013
| Originally posted by : Nandha | ||
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I have not filed any case so far. I am worried that wife may file maintenance case at her place without my knowledge. is it possible that husband be kept in dark about the case and get it exparte? |
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Whatever be her next move, legally, one copy will be served to you. So dont worry. All of a sudden nothing will happen.
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