Maintenance--Ex-Parte Maintenance Order Cannot Be Challenged On Merits If Service Is Proved
Under the Protection of Women from Domestic Violence Act, 2005, the scope of challenge to an ex parte interim maintenance order is confined to demonstrating absence of service or sufficient cause for non-appearance. A party duly served who chose not to appear cannot raise substantive defences on merits in revisional proceedings. Once the marital relationship is admitted, the obligation of the husband to provide maintenance is both legal and moral.
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