Help needed

There can be no ex parte orders unless you are served properly through Indian Consul in your present state of residence. Any ex parte order even if passed can be got set aside easily as ex parte orders are feeble ones.

Feel free to talk !

Dear Advocate Chugh,

I beg to correct you, I received an ex-parte judgement to pay maintenance etc even though I was lving in the same town and the police very well knew my whereabouts.

@Daman

Did  you make a written signed agreement when you made a compromise last time and returned gold etc. I think a lot will depend on the terms of this agreement. On the other hand your wife being legally married is justified in demanding maintenance from you and it is difficult to escape this obligation. It is one of the penalties of getting married.

but my question is how will the embassy know my home address?

Mr Vishwa, yes we have a written document that she took gold and cash the same was signed by her and the police authorities. When they filed the complaint they send the same at my indian home address which we then acknowledged.

The proper dignified way for you, Daman, is to fight the case on its merits. You cannot escape legal process wherever you may live, sooner or later, the authorities catch up with you.

Hi Vishwa, Thanks for the reply. I am not escaping legal processes. I have not recieved any summons. Can a xparte be filed if i dont recieve any summons?

Ah, now I get the point! It is a common practice with Indian lawyers to avoid serving the summons in a proper manner in order to pave the way for an ex-parte judgement. If you are sure that a case is filed against you, you can appoint a lawyer who will appear on your behalf and then there can be no ex-parte decree against you. If a lawyer is appearing on your behalf, he can also apply for exempting you from personal appearance. Best of luck.