Divorce

sai (Querist) 29 June 2019 This query is : Resolved
Hello sir my divorce final judgement day was 27 the may 2019 in family court Bandra. That day judge only announced about divorce and not about the order . Later from my advocate I came to know that No final alimony is granted to me {Wife }. But I want to appeal this in high court .. On how many days I can appeal. How much it costs approximately? How many days it take to close appeal. What are the chances of getting order in my favour. Please guide.

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sai (Querist) 29 June 2019
Hi please guide

Dr J C Vashista (Expert) 30 June 2019
1. You should file an appeal before Bombay High Court within 90 days of the order/judgement.
2. What was your case, where you were expecting alimony but declined? Why alimony has been declined is to be seen from order of the Court delivered the judgment.
3 Cost include lawyer's fees or not? Lawyer's fees shall differ from one lawyer to another depending upon various factors for which you will have to ask that particular lawyer only, however, Court fees is nominal, refer Bombay High Court Rules.
4. It would be better to consult another local prudent lawyer with relevant records for appreciation of facts, guidance and proceeding, if you have lost faith in your lawyer.

Vijay Raj Mahajan (Expert) 01 July 2019
The order for permanent alimony and maintenance is allowed if a specific application made in this regard and if no application was made by you the Family Court by itself will not pass any order for this.
First check and confirm if you made the application for the same if not then you should now make application in the Family Court even if the divorce petition is decided.
The Family Court definitely will decide the application for the permanent alimony and maintenance if you make it otherwise no purpose will be served by moving appeal in the High Court.

R.K Nanda (Expert) 01 July 2019
ask all these questions from ur lawyer as he can better reply them.

Guest (Expert) 01 July 2019
For Maintenance a separate suit should have been filed.

Guest (Expert) 01 July 2019
Court will not ignore the Maintenance Application Just like that

Guest (Expert) 01 July 2019
With all your Case details / Case bundles discuss with a Local Good Senior Advocate

Guest (Expert) 01 July 2019
Well Explained and Advised by Senior Advocate Mr.Vijay Raj Mahajan

sai (Querist) 03 July 2019
Thanks all for advice I remember my advocate made application for months maintenance and permanent alimony when case started . Still I have to do application for alimony

SHIRISH PAWAR, 7738990900 (Expert) 09 July 2019
You have 60 days to appeal before High Court in Mumbai.There is no thing called chances of favrouable order, it depends on case and advocate skills and experience.

sai (Querist) 18 July 2019
Hello Sir I met local lawyer he said we can file appeal after 60 days also with apology letter for delay . He also suggested that we can put New DV case in new court since I have not put DV in existing case. I just put blames on in laws. So can I file appeal after 60 days or will it be helpful to file DV case .

Guest (Expert) 19 July 2019
Just Follow the advise of your Advocate and he would Take Care

sai (Querist) 19 August 2019
Hello sir can i file appeal after 60 days in Mumbai High court. Is there any penalty for late appeal. In my earlier order court ordered me to pay 1Lac cost of case to other party. But if I deny to.pay cost since I was not approached court for case & also not applied for appeal in high court then what will be consequences.
Please give contact details of family case lawyers for high Court. Thanks.

sai (Querist) 20 August 2019
Please guide.

sai (Querist) 22 August 2019
Please guide

Sb Karma (Expert) 28 December 2019
Yes you can...
and please consult with your case lawyer...he will best known the loopholes in your case,via online it will difficult to answer properly without seeing case docs

Divorce

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