Sustainability of appeal to interim under dv
vallabh_raut
(Querist) 08 October 2017
This query is : Resolved
Hello Experts,
My brother's wife had filed DV against us in 2015. In Jan 2017, interim application was rejected and eventually the case was dismissed in default in April 2017.
She has appealed the interim order and the final order also. By the time we received the notice for interim appeal, the case was dismissed by the magistrate court, so we didn't approach the court immediately. After some time she also appealed the final order. We recently received the notice.
Both the appeals are in the same court. On the date of the interim appeal we gave an application to court saying the case has been dismissed by the lower court, so the appeal is not sustainable now , hence be rejected. But the court didn't agree . Now both the appeals are running on same dates( on request of the OP lawyer). On last date, OP lawyer gave application to court to wait for notice being served to all the respondents( my sisters have not yet received the appeal notice), the court has (surprisingly) entertained him and given a far date. I don't understand why the court is also killing time.
Is interim appeal sustainable when final order is given? If not, is it a valid ground to request the chief judge to transfer the appeals to some other court?
Rajendra K Goyal
(Expert) 08 October 2017
Appeal can be filed, is a right of aggrieved party against any order in the proceedings.
Court may not proceed till all the respondents are served.
P. Venu
(Expert) 09 October 2017
You are over excited, for no valid reason. Let the appellants take their own time in serving to the opposite party!
vallabh_raut
(Querist) 08 January 2018
Hello Experts,
ON last date when explained to the judge that there are two appeals - one on interim order and another on final; the judge himself said that the appeal on interim is not valid.
Same was my concern. Thank you for your inputs.
