Very very urgent

You can plead by showing last records that the respondant is delaying the proceedings and you have libilities like child education etc.In maintainence case the party himself must be present.

1. In Family Court respondent presence is favored over amicus curie which got allowed furthering the spirit of intent and objects of Family Court Act.

Now a generic take:-  
Every litigant in matrimonial cases when feels heat of delay and latches casts aspirations over three people;

- Black Coat
- Police
- Judiciary

But, what I will conclude by now is that, have confidence on silver quality of your Rights, delay may be there but then when awarded it would be from “date of application” so your side can always ask for “compounded interest along with clearing arrears” on top on such and such Order as and when it gets announced.

When recall application is filed it needs adjudication first over ex-parte Order as it also comes under natural justice principles. You may file expediency application that is all you are left with option wise but it will still be kept in abeyance............

dear TAjobs,

with reference to your opinion above, wanted your kind advise on a case of mine, my wife has filed a sec 125 case with request for interim and final maintainence, she has asked for rs 20000 per month. as my income, according to her, is 45000 rs per month, where as my actual income is rs 17000 pm in hand, how can i counter this false claim of her, and wont she be penalized for false information provided to court to extract money?

also. since the interim and final amount is yet to be decided, the case is on counselling stage, i want to know that, if i voluntarily start depositing. say Rs 2000 per month in court as maintainance amount, even before the court decides on the amount, how will this 'voluntary contribution' be seen by the court, will it have a positive or a negative impact on my sec 125 and RCR cases filed by her, and the divorce case filed by me.

i would indeed appreciate your kind reply in this regard,  your opinion is very informative and accurate in every query. 

thanks......

@ Sanjeev,

First suggestion is not to hijack someone else started post as for instance @ Shalini may get confused with volley of replies by repliers in her started post.

Coming back to your brief, it is suggested not to show such extraordinary generosity. Reason being first and second night incidence in your life post your very marriage and the great advocate you met earlier who idiotically suggested you to wait for 1 year to file divorce! In such situations as what happened on your first and second night people within first week file for divorce and many State High Courts have granted divorce seeing the peculiarity emerging. Seems to me you are saint person.

Further coming to this post facts your wife is a idiot to file S. 125 CrPC as well as RCR and since last 1-1/2 years continued denying maintaining conjugality with you no matter both stayed under same roof from last 1-1/2 year. Stand up chin up and tooth and nail contest both cases. prove the mental cruelties a harassed man faced.

@shalini,

by your narration, it appears that your husband has not filed any application to set-aside ex-parte orders.  If that is so, you need not to file any reply.  If he has filed any such application, file objections to his application on the next date of hearing and press for arguments and disposal of his application.  If he has not filed any such application,  on the next date you, as Mr. Nitish suggested, press for interim maintenance order, as you are facing extreme financial hardship. FYI, in family court, in maintenance cases, party's presence is not mandatory.  So, if he is represented by his advocate, even in his absence, the court is competent to pass appropriate orders awarding interim maintenance to you.  So press for that on the next date of hearing.  "justice delayed is justice denied" is unforgettable golden rule in indian courts.

@TAjobs.....thank you sir for your kind reply....appreciate your advise