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estranged wife (Housewife)     23 October 2016

Setting aside exparte sec125 maintenance order

1-I filed maintenance under sec 125 in family court in july 2015.It took me Notice was served on husband.He didnt appear.Exparte order passed after 10 months in May 2016. 2-I filed revision in highcourt in July,2016 as amount granted is very less for me and my son. 3-I than filed 125(3) in family court.I was informed there by concerned clerks that my husband has filed 126(2) after 12 days of passing of exparte order and both files will be put up together.I am confused because his lawyer has not yet sent me summon for their 126(2) application. 4-Husband has taken summon sent from highcourt.Highcourt Lawyer got revision application listed on 21st september,2016 but my turn did not come as my number was 79. Please let me know: 1-The court date for my 125 (3) application in Family court and my husbands 126(2) application is on same day in family court (in the first week of november). My lawyer checked .Husband has appeared in his 126(2) application on 5th date after filing and later on 6th date his lawyer took same date as my 125(3) application.Husbands lawyer was probably waiting for me to file 125(3) .My Lawyer is telling me that on that date husbands lawyer or judge will ask me to appear in husbands 126(2) application.Please let me know is this a normal legal process?Why his lawyer didnt send me summon?It took me 6 months to get summon served on him through police and in my case just my presence in court on that date means I am bound to appear in husbands 126(2)? 2-The reason husband has given in his 126(2) application is that he had no idea about case and he learnt about case and order passed through his friend who happens to know me as well.(This is totally false as I heard the name of that person for first time in my life.I dont know this "friend".) 3-My lawyers is telling me that my family court's exparte maintenance order will most likely be set aside.So what will happen to my revision application pending in high court? Kind experts please give your valuable opinion.Thanks.


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 2 Replies

adv.bharat @ PUNE (Lawyer)     23 October 2016

As u had allready hire lawyer give faith on him.

sai narayana   24 October 2016

Give priority to higher court i.e. high court.

And regarding 1262(2) unless your version is heard, the court will not set aside your exparte judgment and also you have not received summons too.

So nothing to worry, proceed with your revision petition in high court and try to get a favourable order before the delivery of summons in 126(2) case.

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