On 23rd September, 2021 I got divorced with my ex-wife through district family court. She was living in relationship with her boyfriend before divorce and they made a notarized living agreement on 21st August 2020. I have a copy of this agreement. Now, she is living with her boyfriend and they have one girl child (DOB: 21st September, 2021) I have a copy of her birth certificate which was issued by government hospital. I changed the city and relocated to other place after the divorce, Recently our family friend informed me that she (ex-wife) won ex party maintenance case (125) in last week by submitting the false evidences that she is living alone and entitle for further maintenance. Still, I have not received any information about this order either court or recovery notice. 1. Should i go for High court after receiving of recovery notice from court? 2. Can I recall the Maintenance case after receiving of notice? As it was a ex party and I did not aware about the case. 3. Can I recall the maintenance case before receiving any recovery Notice as a proactive approach. 3. Do I need to pay the recovery amount while recalling the same case with the above evidences available? 4. I do not want to pay any amount to her before the financialization of recall case. Kindly advise what should I do?
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1) file revision petition in HC against interim maintenance order
2)recently, the Allahabad High Court held that an order of interim maintenance during the pendency of application under Section 125 CrPC is not an interlocutory order and thus, can be challenged before the High Court in revision.
3)
1. Yes the order of trial court can be challenged before the higher court.
2. Yes
3. Yes
4. Yes , most likely.
5. Yes, most likely.
1. Since, no notice /summon of the court was served upon you , then you have ground to set aside that passed order after filing an application in the same family court as well for setting aside the ex-parte order , and further you can contest the case after producing the divorce decree and proof of her relationship
2. She can file an execution petition in the same court for the recovery of the amount , hence you should not wait for the outcome of that execution petition notice , and follow the reply of No.1
3. Yes
- As per Supreme Court, in the matter of Dalip Singh Vs. Respondent: State of U.P. and Ors. , wife is not entitled to get maintenance, if she lies .
3. Depend upon the evidence and arguments
4. Follow No.1 . It is possible.
You can call me for detail suggestions.
1. approach the concerned family court which passed the ex parte order. don't forget to mention whole facts in set aside application, (wife is living in live-in relationship, divorced, submitted false facts/evidence, birth certificate of child etc)
2. also file an appeal against the said ex parte order with an application to stay the execution proceedings,
1. You can visit the trial court and file a petition to set aside the exparte decree and contest the same on merits.
2. Yes, you can.
3. Don't delay and wait for recovery notice, you can proceed.
3. It depends on the conditions imposed by court.
4. You strongly protest her claim by producing the evidences against her claim
Approach High court.
Dear client, it is advised to wait till the orders reaches you. After getting the orders you can either go for appeal or file an application for review. In that application or appeal you can submit the evidence and get that order dismissed.
Yes you can do all of the above by showing e court her conduct and fraudulent act
You can certainly place all of your defence in high court. If u can prove that the order of family court is obtained by fraud then, court may not insist for paying any amount.
1,2 & 3. Did you receive the notice of the maintenance case? If yes, then file an application for reviewing the maintenance order. If you fail to do that, file a revision petition before the Appellate Court. If there is an appeal, you should pray for stay of operation of the order of the lower court.
4. When under litigation and having stay of operation of the order of the lower court, you wont have to act as per the order of the lower court.
