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(Guest)

Ex parte set aside.

Hi Experts,
 
Family court has allowed my petition to set aside the ex parte order(20000 pm) on condition of payment of 50% of the arrears according to the maintenance order passed earlier.
 
Can I file revision in session for the same?
As, the summons were never served to me the ex parte orders are inherently not maintainable. So, there does not arise any question of arrears.
 
I had moved the petition to set aside the petition within a month of passing of ex-parte orders.
 
What are the chances at sessions in revision?


Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     31 October 2012

you can file revision.

Rashid Ali (criminal lawyer)     31 October 2012

you must moove to session court, definitly you will get relief.

Nitish Banka (lawyer)     31 October 2012

apply for revision petition

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     31 October 2012

Revision will lie at HIGH COURT against faimily court order and if you have sufficient evidence in support of your pleadings than only it will be admitted otherwise it will be dismissed at admission stage it self.

rajiv_lodha (zz)     31 October 2012

As lower court has admitted ur version, very many chances are there to taste more success at HC, go ahead

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