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Baadal khurana (none)     28 October 2014

Status of maintenance and mcd divorce case

A maintenance case summons has been received about 12 months back. Nobody from myside  remain present at court nor anykind of response was given. It has been 12 months and have not receive any summons or anything after. How do i know status of this case ?  I checked family court website but could not find case or its status. Any advice you can provide will be of HUGE help.

thanks and GOD bless you.



Learning

 2 Replies


(Guest)

Court will wait for some more time, perhaps 6 months more, and then looking that you have failed to file any objections to maintenance application, they will pass order, most likely, 100 rs per day amounting to 3000 rs per month, or as pressed by wife, if she has asked more, ie 10k or 15k, looking at suitability of maintenance plea, court will order maintenance to be payed by you.


Court will further wait for you to pay that money calculated from date of maintenance plea, if you still not pay, warrant will be issued, and sent to find you by nearest jurisdiction police, if you are not available at given address, then subsequently NBW will be issued.  IF you get caught will have to spend 1 month in jail for balance due till date.  


The websites are not updated regularly  and the court as I have explained above will take time to pass order, hence its advisable that you approach family court with competent lawyer to know status of the case.

 

If NBW gets issued, GOD Save you.

Tajobsindia (Senior Partner )     28 October 2014

@ Author,

 

1. If you already received Notice summon of Court then by appointing an advocate found via reference find details of charges against you and make representation accordingly. Physical verification - knowledge of asked case is a must as Family Court website due to nature of Family Court Act are not required to maintain up-to-date cause list - case status of family law cases.


2. The maintenance case may proceed ex part against you if you don’t file your appearance in Court in accordance with Rules.


3. The maintenance case may award an ex part adverse Order as per rights mentioned by Applicant - wife and once such ex part award announced she can proceed to Execute the same against you from a Execution Court to recover the amount.


4. You can upon receiving Execution order of an ex part maintenance Order may file for its set-aside with valid reasons and if Court is satisfied with your valid reasons then may set-aside and may instruct you to file your summary say against the ex part award on maintenance. But this rarely may happen as on the onset you tell the forum that you are in receipt of Notice Summon from Court and willfully have not have participated in such and such Court proceeding.


5. After dismissal (aforesaid) of your set-aside Application the Court will still proceed to recover the amount and then main case trial may proceed. There are various Civil means to recover the maintenance in such cases such as by giving you reasonable time to pay, attachment of assets in case fail to pay and finally if pressed hard by her then award of penal time behind prison.


See where you like to place yourself in above short steps and in consultation with an local advocate found via reference proceed or not proceed accordingly. 


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