Legal Matter 4
The case of the petitioner/husband is that:
O.P./ wife has filed an application praying for maintenance being Mies. Case 124 of 2015.
Petitioner/husband has handed over the power to conduct the said case on behalf of him to his concerned Ld. Advocate as it would be difficult for him to conduct the case by appearing physically on each and every date due to the long distance between his residence and the Court.
Allegedly the said concerned Ld. Advocate of the petitioner/ husband did not take proper step after filing of the W/O which resulted into ex-parte order passed against the petitioner/ husband.
After being acquainted with the said fact the petitioner / husband sought legal advice and according to the advice of his concerned Ld. Advocate he has filed a Criminal Revision Application being No. 04/17 before the Ld. ADJ.
The petitioner/ husband admittedly being an educated person and having no legal acumen misguided by his Ld. Advocate and his concerned Ld. Advocate could not apprise him about the fate of the Criminal Revision being No. 04/17 and as such he has filed the present case for setting aside the ex-parte order. It is pleaded by the petitioner husband that the OP/ wife has married for the second time with one person namely, Sk. Anarul Haque after obtaining Talak from the petitioner/ husband and as such the OP/ wife has no right to get maintenance.
Thus, the petitioner/ husband has prayed for necessary order to allow him to contest the original case being no. Misc. 124 of 2015 by setting aside the ex-parte decree passed on 28.10.16.
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