Husband cannot contest ex-parte order for maintenance payment

The Madras High Court Bench has ruled that a husband cannot contest the ex-parte order for payment of maintenance for his estranged wife and children after the lapse of the limitation period.

Justice G Rajasuria passed the order while dismissing a civil revision petition filed by a man, challenging refusal of a lower Court at Dindigul to condone the 2,741 day delay in filing a petition to set aside its Jul 19,2010 ex-parte order to pay Rs 2000 a month to his wife and minor daughter.

The man claimed that he was unaware of the order as he was in Kerala to eke out a living and that the lower court had not given him an opportunity to get the order set aside. His wife and girl child claimed they were living in penury as he had not paid them anything even after court order.

Justice Rajasuria agreed with the lower court decision to dismiss the petition for condoning the delay of over 2,000 days in challenging a court order.

He said the present case would squarely attract the legal proverb 'laws aid the vigilant, not those who sleep.'

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