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Rajesh   27 May 2017

Review or appeal against the interim maint. order - sec. 24

Hello, I have a question re: challenging the Interim Maintenance order under Sec. 24. The minor son has been awarded a maintenance of Rs. 10,000. However, the judge, in some haste, didn't consider the full details provided by me. My current status as that of the wife have not been completely taken into account and so I plan to challenge the same. There's also a new evidence that has come to my attention after the passing of this order.

Questions:

1. I've been told I can file a Review petition in the same Family Court OR I can challenge it directly before the High Court. What would be the best course of action ?

2. Believe I have to file it (Review before the same court or Appeal before the HC) within 30 days from passing of the order (excluding the time taken for me to get a Certified Copy of the order). Is this correct?

3. Most importantly, if the Review petition entirely takes up this statutory 30-day period and it then gets rejected, can I still file an Appeal before the HC since it was pending before the FC during the said period? In other words, will the time taken for this Review petition be excluded from this 30-days count wrt Appeal before the HC?

Thank you for your help.

 



Learning

 5 Replies


(Guest)

This is this man?


(Guest)

Are you seeking advice or giving advice?

Amita   27 May 2017

If you do not want to help, please do not discourage or offend others. One can do better with his/her life.

Sachin (N.A)     27 May 2017

Originally posted by : Rajesh
Hello, I have a question re: challenging the Interim Maintenance order under Sec. 24. The minor son has been awarded a maintenance of Rs. 10,000. However, the judge, in some haste, didn't consider the full details provided by me. My current status as that of the wife have not been completely taken into account and so I plan to challenge the same. There's also a new evidence that has come to my attention after the passing of this order.

Questions:

1. I've been told I can file a Review petition in the same Family Court OR I can challenge it directly before the High Court. What would be the best course of action ?

2. Believe I have to file it (Review before the same court or Appeal before the HC) within 30 days from passing of the order (excluding the time taken for me to get a Certified Copy of the order). Is this correct?

3. Most importantly, if the Review petition entirely takes up this statutory 30-day period and it then gets rejected, can I still file an Appeal before the HC since it was pending before the FC during the said period? In other words, will the time taken for this Review petition be excluded from this 30-days count wrt Appeal before the HC?

Thank you for your help.

 
 

 

Review in the same court is waste of time/

If you think that trial court has errored in the judgement. File petition u/s 227 of Constitution of India. in HC

Rajesh   28 May 2017

Thank you, Sachin. Appreciate your response.

Seniors/Advocates, any thoughts please ???

 


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