dear respected members please advise. due to dates missed by my lawyer, 125 case is declared exparte, that is the petitioner is allowed to proceed with evidence without cross and respondent is not allowed for evidence......i would like to ask, if merely the petitioner claims that the husband earns rs XXX in her petition and oral evidence, and doesnt have any documentry evidence to prove her claim of husbands income, then.......
1) does the court grant maintainence only on the oral claim made by the wife?
2) does the court not ask for any documentry evidence from the wife? if she claims that husband earns rs 100000 and she wants rs 20000 then does the court straight away give rs 20000, just because the husband lost his opportunity to present his side of the story?
3) how does the court calculate the maintainence is such scenarios? where only oral evidence is given by wife, without any evidence and court is proceeding exparte without giving husband the chance to explain? .........the husband has already appealed in high court to make the case bi-parte, the case is still running.......
dear experts please advise.
