Divorce Maintenance Divorce Maintenance

2 months ago

My husband dint gave any maintenance and the case has been disposed without hearing from my side ? What should I do next?

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
The process of reopening a dismissed case usually starts with filing a motion to set aside the dismissal. This motion is a formal legal document submitted to the court, essentially asking the judicial system to revisit and possibly overturn its prior decision. Once the suit gets dismissed for default the remedy the plaintiff has to file a restoration application of the suit for setting aside dismissal under Order 9 Rule 9 of CPC, within 30 days of dismissal showing sufficient cause for his previous non-appearance when the suit was called on for hearing failing which appellant can file an appeal before the High Court within 90 days from the date of the trial court's judgment. The High Court will review the case and may set aside the order of dismissal if they find errors or issues with the trial court's decision. Reach out to an Advocate for further guidance and steps.
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