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Mani123456 (Engineer)     14 March 2011

how to file objection in supreme court?

Hi,

  There is a pending order from the Bangalore high court for the interim custody for my son. If

I already got it in trial family court and the my wife filed objections in high court bangalore.

My question is if  the high court order goes against me, how will I be filing the objections in supreme court?

Will I have to travel to Dehli physically or it can be done from Bangalore? How  can I get everything done

by being in Bangalore?

   Is there any branche of supreme court  in Bangalore?

Regards

Manish

 

 



Learning

 5 Replies

Tajobsindia (Senior Partner )     14 March 2011

@ Author


Read / understand and do the needful as asked by clicking

 

https://sc-efiling.nic.in/sc-efiling/index.html

Jamai Of Law (propra)     14 March 2011

You are entitled to file an appeal in the same HC , should wife's writ petition is allowed and lower court's order is set aside, as wife (judgment debtor) filed writ against interim order which was in your favour, and which is now being adjudicated in HC.

 

 

Tajobsindia (Senior Partner )     14 March 2011

@ Jamai

For your info. IA especially under GWA The Act there is no appeal provision is there other than intervention under Art. 227 COI (i.e. filing of a Civil Missl. Main Petition C.M. (M) Pet. U/a 227 COI) before HC that is what wife exactly did and if the outcome is in her favor then this chap (husband) has no other option other than going for a challenge by way of admitting SLP (C) that also before Hon'ble SC and not even before same HC.


There is no question of Writ here ! Writ jurisdiction is totally different ball game !!!!
If you say she used Writ so kindly tell me how is it possible?


Kindly read down provisions under GWA The Act especially under what options a father / mother may approach a superior Courts aggrieved from any Interlocutory Orders under GWA The Act !!!!!!

 

 

Jamai Of Law (propra)     14 March 2011

Based the authors' earlier posts............Husband and wife are fighting the divorce case...............  are fighting for custody of child  (and not guardianship of child) and as a part of divorce suit they must have filed under sec 26 of HMA ...............Well.... only auther may shed the light on it.

 

Correct me if I am wrong but ...

For Hindus, to decide guardianship etc, HMGA is aplicable and not GWA (it's one of a personal law for non-hindus)

Mani123456 (Engineer)     15 March 2011

Hi,

  For fighting in supreme court one has to travel to Dehli physically from Bangalore or there is

some bench sitting in bangalore itself?

  My wife filed writ in HC Bangalore against the trial court order which is in my favour for interim custody of my son during divorce case.

 Then we appeared before the HC judge and he is again going to pass the order for it.

Regards

Mani


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