• Defence struck off

Custody case was filed by me..interim applction for summer vacation was filed by me..wife didnt replied it...judge ordered as child is not produced despite orders and reply not filed for summer vction applction despite several opprtunities so defence under applction is struck off.....kya poore case ka defence struck off hua yaan just of tht applction??

Judge later on allowed her to produce evidences and do argumnts without settng aside defence struck off...case decided in her favour...wht can i do nw??
Asked 1 year ago in Civil Law from Amritsar, Punjab

No maintenance will be given until child is produced or the father gets to meet, and husband cannot be arrested for the same, i hope your lawyer is guiding you well.

Aveek Bose
Advocate, Kolkata
1067 Answers
7 Consultations

4.7 on 5.0

defense under application was truck off

2) if case is decided in wife favour file petition in HC against said order

Ajay Sethi
Advocate, Mumbai
72060 Answers
4334 Consultations

5.0 on 5.0

Dear Sir,

Defence only under that particular application had been struck off.

You have an option to file an appeal before honorable High Court against the decision of

Family Court

Shivani Bhargava
Advocate, Nagpur
4 Answers

Not rated

Only of Application,

File appeal against the order.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

1. defense is struck off only for the summer vacation application

2. as final decision in wife's favour you will have to go for an appeal

Yusuf Rampurawala
Advocate, Mumbai
4858 Answers
29 Consultations

5.0 on 5.0

revision can be filed by the complainant

Ajay Sethi
Advocate, Mumbai
72060 Answers
4334 Consultations

5.0 on 5.0

appeal.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

Dear Sir,

Greetings,

This is with regard to your question raised. It is hereby clarified that the defense has been stuck off against filing written statement on record, and they have now lost their opportunity to defend the case by giving detailed reply to your petition. However they still have a limited right to defend their case by filing evidence affidavit and by cross examination of evidence/witness produced on your behalf. As per your enquiry it is also apparent that they have also lost their right to defend your interim application by giving detailed reply, however they still may defend by arguing against the interim application.

This is for your kind information and necessary action.

Thanks and regards

Atul Kumar Singh Advocate

Atul Kumar Singh
Advocate, New Delhi
3 Answers

Not rated

You have to file appeal aggrieved by the judgement and your wife also to file appeal against acquittal in criminal case

Konda Srinivas
Advocate, Hyderabad
208 Answers
2 Consultations

Not rated

Judge later on allowed her to produce evidences and do argumnts without settng aside defence struck off...case decided in her favour...wht can i do nw??

A. You'll have to prefer an appeal against the impugned order of the family court in High Court.

Siddharth Jain
Advocate, New Delhi
5326 Answers
59 Consultations

5.0 on 5.0

If discharge from lowrr court in 498a....can wife file revision or she has to file appeal?

A. Your wife would have to file appeal in sessions /high court against your acquittal in 498a, and vice versa.

Siddharth Jain
Advocate, New Delhi
5326 Answers
59 Consultations

5.0 on 5.0

The court has struck off defence for the interim relief alone if my guess is right.

However your information is not complete in all respects.

In child custody case you are the petitioner and she is defending the same, hence her defence only is truck, but how come she will continue with the defence evidence?

Something is missing, you may consult your own lawyer on this.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

If discharge from lowrr court in 498a....can wife file revision or she has to file appeal

As a defacto complainant she can very well file a revision petition.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

You can appeal in Appellate Court against the said judgement

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

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