Legal Question in Family Law in India

I got married in Jun 2002 & my wife left my house without informing me in Nov 2002, against Dr.'s advise since she was 3 1/2 month pregnant.She aborted the child without my consent &knowledge at her parent's house.She filed cases under Sec10 & Sec 125 at Bharuch.In the first case she didn't appear & was dismissed in 2008,while in 2nd case she got Ex-party order to be paid 2,000/- p.m. since I was suffering from Bipolar Disorder from last 6 years & is out of job& business than.Ex- party order was passed in feb 2006 & in feb 2009 after 6 years from date of filing & 3 years from date of order she has claimed money under125(3). Is she entitled to any maintenance now? Can i reopen Ex party order under Sec125 now or there is time limit of 3 years for that? Can I get amout of maintenance changed under this circumstances under Sec127?Where this case be filed? Whether I need to go to High Court for reopening of Sec125 case since i am sure she is not entitled to any maint. as she left the house of her own & aborted the child without my permission? I had filed case of divorce at Mumbai which she has taken to Bharuch & is not attending.

Asked on 10/26/09, 4:08 am

Seshadri Srinivasan www.lawconcern.com

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You can ask for exparte order to be set side citing proper reason for your previous non-apperance.

If she does not appear, then the Mumbai court may grant exparte order of divorce to you.

Answered on 10/26/09, 6:04 am

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