Dear All Legal Experts, Greets to you!
I have the following query with the facts, that are:
- My wife filed DV case in Feb, 2014 at Allahabad as she is resident of Allahabad and I am the resident of Delhi.
- The appointed DPO has not sent any notice to us as he mentions in his report that he has sent the notice to respondent.
- Court has marked absence of without sending us any summons/notice as he marked in his order sheet that notice has been sent to respondent.
- IN the month of May, 2014 the court has passed ex-parte Interim Maintenance order against me on dated 21st May.
- In the middle of June, ie. 17th June, 2014 after the 24 days of court IM order, I have received the letter along with the copy of court orders sent by my wife through her advocate via speed post in which he has directed to me to pay the maintenance amount. No such others relevant case related documents have been provided by my wife’s advocate.
- Even the court has not provided us the any document of their Orders and Petition.
- After receiving the letter, we have submitted the written prayer to court (and a copy to my wife’s advocate) for give us the fair opportunity to listen us. But the letter was not considered by Court.
- The opposite party pressurizes the judge for issuing the recovery warrant after the 40 days of Court Orders and court has influenced and issued the recover warrant order after the 40 days of IM Order.
- In the meanwhile we had wait for court response but after 20 days we had not received any response as we expected. We consult some legal experts but it is our hard luck to find the right solution and after exactly 3 months of Court Order, we had filed the Appeal for set aside the Lower Court IM Order with delay condone application at Allahabad District & Session Court in August, 2014.
- The court has considered the appeal and partially reduced the amount of maintenance and case is under trial.
Now I have some few questions/queries:
1. If I assume that I the matter was came in my knowledge through the letter of opposite party then, what was the legal step taken by me?
2. Has court are bound to provide us the Order Copy if he passed the ex-parte?
3. How much delay will be considered by court?
4. Am I entitling for delay condone?
5. What the exact points in my case that the court will consider for delay condone?
I will be waiting for your positive reply. That will help me to fight against this gender biased law?
