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warrior (Personal)     22 April 2012

Mc 125 maintenence set aside -time limitation ?

Dear Experts,


My Maintenence case CRPC 125 is ex-parted last year nov 2011 and awarded 5-8 thousands pm to my kid+wife respectively.


Since I am not in station to attend the court the Judge gave Ex-Parte order against me. Judgment copy released very late by court after 5 months of the judgment on 1st week of March 2012. I would like to file SET ASIDE of the given order now.

Question:
Is there a time limitation to do SET ASIDE on ex-parte order ? if there is a limition (in terms of time) howmany days I have to do set aside ?

My case is in AP. I do have 498A,DV running parallelly.

 

Regards

 

 

 

 

 



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 April 2012

Within 30 days from the date of order you will have to file an appeal against that order in the Dist., court. If it is late then file delay condone application to condone the delay.

adv. rajeev ( rajoo ) (practicing advocate)     22 April 2012

Within 30 days from the date of order you will have to file an appeal against that order in the Dist., court. If it is late then file delay condone application to condone the delay.

warrior (Personal)     22 April 2012

Thanks for the information Rajeev.


Is there any deadline for "delay condone application " process?

From nov-2011 to march 2012 I owe more than 1 lakh rupees arrers to my wife but I have transfered only 30,000/- over online bank transaction during the month of march, at the same time my wife also filed petition asking for arrers.

So, Since she filed for arrers and I transfered rs30,000/- can I still file for "SET ASIDE" under "delay condone application " ??

 

Regards,

 

 

 

 

helpingwindisputedcases (chairman)     27 April 2012

do you want your wifes original bank statements to help you solve this case if you want to challenge this order then you must proove to the court ur wifes real income ?if you want the statements and have all bank accounts then you can contact us on helpingwindisputedcaseswhenthelawcannot attherate hotmaildotcom .you name the bank accounts and we give you the statements in only 5 days .any indian bank savings or current or even public company accounts.but htis is confidential material.our understanding is mutual and kept confidential at all times.


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