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Venkat Rao P (Audit Manager)     05 September 2010

PERMNENTALIMONY & MAINTENANCE

THE LOWER COURT AWARDED DIVORCE AND ASKED TO PAY MY BROTHER PERMENENT ALIMONY AND MONTHLY MAINTENANCE  U/sec. 25 OF HINDU MARRIAGE ACT. HE IS UNEMPLOYED AND IT IS NOTED BY THE COURT

BUT AS PER SEC. 25 OF HMA THE COURT CAN GRANT EITHER OF IT BUT NOT BOTH.

THE PERIOD OF LIMITATION IS EXCEED BY 40 DAYS CAN HE APPEAL TO HIGH COURT WITH CONDONATION OF DELAY. OR CAN HE ARGUE BEFORE THE COURT IN EXECUTION PETITION FILED BY HIS WIFE

I REQUEST TO YOU KINDLY GIVE THE REPLY AT THE EARLIEST



Learning

 3 Replies

N.K.Assumi (Advocate)     05 September 2010

No appeal lies as there is no conviction for an offence and even section 362 CrPc does not apply. Better file Revision before the session Judge under section 399 CrPc, with the ground that the husband has no sufficient means, but not that  this sufficient means is very weak ground if he is healthy and robust.

N.K.Assumi (Advocate)     05 September 2010

read as - but note that

Venkat Rao P (Audit Manager)     05 September 2010

Thanks Mr. N.K. Assumi

                 My question is whether the court can grant  two releifs u/sec. 25 of HM Act. i.e Perment Alimony And Monthly maintenance to his wife  which is inconsistent with the law.

              And my second question is the order was passed on 20th April 2010 can we file an appeal in the high court in this regard with cinhdonation of delay or can we file review petiion to the session court wth  seeking condonation of delay


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