Legal Question in Family Law in India
My question was " The court has passed order for my divorce, child custody+ child maintenance. I have the copy of the operating order. I will be getting the decree copies soon. However, my doubt is in case my ex - husband wants to challenge any of the child custody+maintenance order will he have to go to high court or will can submit petitions in family court only."
The answer I got was " you may file a caveat petition before the high court so the notice is sent to you and no orders are passed ex parte" Unfortunately i do not understand this answer please help.
Could you please explain.
4 Answers from Attorneys
What is it you that did'nt understand ? Everything is clear that you should file a Caveat for the court not to pass any exparte order,it means the court will hear you before passing any order in your husbands appeal.
in case he files the application in the family court, you would be getting to know of the same but in case he files a Revision in the High court, he may seek some temporary orders ex parte. to avoid that, you may file a caveat petition in the high court so when he files an appeal or revision, you would get the copy of petition and your lawyer may appear in order to avoid them taking ex parte orders.
i agree with Adv Gupta
An appeal against decree of divorce case is maintainable only before the High Court. There is an automatic stay of divorce decree when the appeal is admitted for hearing. Therefore, you just need to wait and watch for summons to be served. Stay cool.
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