Dear Friends of the legal fraternity,
A suit related to the family court is under progress as follows:
- Marriage solemnised no dowery given & wife stayed with husband for 3 months
- In pretext of appearing final PG exam wife went to her parents & since then did not return
- Husband & family tried many times to get the wife back, but wife bluntly refused over phone (husband has the voice recording)
- after 1 year, wife while husband was away from home, visited the mother-in-law with family & in pretext of staying back in the matrimonial home, stole away all the gold jewellery including that of the husband, his brother-in-law
- after 6 months from this steeling episode, filed a maintenance suit against the husband u/s 125 Crpc with some false & frivolous allegations like: husband is a drunkard, had illicit relationship with her aunt (mother's sister) & husband had beaten the wife for dowry & she was ousted from home. However, the date she mentioned in the petition was 20 day prior to the date she left the husband for appearing the exam.
- Husband has the train ticket in his evidence. Husband filed ws & defended the case, however made a mistake by admitting the salary
- During the course of the proceedings, husband met with an accident & undergone with a rigorous treatment including operation of his right knee with 2 ligament fractures, which took almost 7 months & also helost his job in the private company. In the due course of time even though application with medical certificate were submitted to the court, the court declared him exparte & ordered exparte maintenance
- The husband applied u/s 126(2) Crpc for setting aside the exparte judgement within 90 days of the exparte decree, however, now the court says that the petition can not be accepted as it is filed after the time prescribed. The court says the 90 days time shall be calculated from the date of declaration of exparte not the exparte judgement.
Friends, I need your expertised assistance in dealing with the case. What all possibilities are there for the poor husband.
- He is unemployed
- He would not be able to pay maintenance if the exparte order is not set aside
- he is unable to join in a job due to the court dates
- He can not file a revision petition u/s 127 Crpc for revising the maintenance in the changed circumstances until the petition u/s 126(2) crpc is disposed off.
Please suggest........
