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Arindam Kundu   23 August 2024

High interim maintenance provided by family court in crpc 125, ex wife not appearing for hearing

Brief history of my case - Wife deserted and disappeared in Mar, 2015 with 6 months old child during vacation to India from US. I came back to India in Aug 2015 , searched through possible legal channels. Could not find any trace and applied for divorce in family court in 2017 Feb. Court granted Ex-parte divorce in Aug, 2018. Currently I am settled in India.

I remarried in Dec, 2020. Suddenly ex-wife got to know of my remarriage and filed CrPC 125 for maintenace at family court in Sealdah, Kolkata in Jan, 2022. (no DV or 498). Interim maintenance of INR 40,000 PM was awarded from Nov, 2022 for ex-wfie and child, and ex-wife also filed a Maintenance Execution case. Till date (Aug, 2024) I am paying the amount with some arrears due to less payment in few months. 

Ex-wife is not appearing in court or not showing any inclination to resolve for final hearing. Every month ex-wife's lawyers are giving some excuses like (she is not well, the child is not well, child's exams, etc.). I also became father again in new marriage and have 1 year old son. 

Kindly advise what can I do to compell ex-wife to appear in court and oblige for final hearing, and also reduce maintenance. I am willing to pay maintenance for child residing with ex-wife. She was working before marriage and also during marriage - I have proof. But have no way to find her status now - whether working, married, in relationship, etc.



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 2 Replies

VENKATA MOHANA RAO PATHAKOTA (PRACTICING ADVOCATE AT SUPREME COURT AND HIGH COURTS)     23 August 2024

You can file an appeal against Maintenance Order

Please call me at @ 8297877877

T. Kalaiselvan, Advocate (Advocate)     23 August 2024

This is an interim maintenance and this order can be challenged before high court only by filing a revision petition, but since you have already started paying the the amount with arrears, your revision petition may not be entertained by high court, hence it would be better that you file a petition before high court to direct the trial court to expedite the disposal, provided the delay is inordinate, alternately you can put pressure on the trial court to either set her exparte for non prosecution of  the case or to pass any suitable order. 


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