Stay on intrim order passed by sessioncourt kalyan
Sangeeta
(Querist) 20 December 2012
This query is : Resolved
The following order was passed by session court - Kalyan for the allowing the father to meet the children
The Father can meet the children on 2nd and 4th Sunday and birthdays as per the timing,venu fixed by both the parties and in presence of both the advocates as the parties may settle and on record of both the advocates.
As this order as not provided any jurisdictional territory and fixed timings and also has involved the advocates to be present on both sundays it is not acceptable to both the parties as there is no conclusion arrived and both the parties stay away at least 40 km away from each other place.
Can the request be made to judge to alter the order or the stay has to be taken and if the stay is to be taken in which court it should be taken
Devajyoti Barman
(Expert) 20 December 2012
If bot the parties agree to some other terms then they can always apply mutually for modification on such term as they agree.
If either of them wish to challenge it then he would have to file Revision in the High Court.
ajay sethi
(Expert) 20 December 2012
no advocate will like to ruin his sunday too by remaning present during visitation timings . apply for modification of order
Sangeeta
(Querist) 20 December 2012
Where do i apply for revision of order in the same session court of kalyan or high court of mumbai
Sangeeta
(Querist) 21 December 2012
he following order was passed by session court - Kalyan for the allowing the father to meet the children
The Father can meet the children on 2nd and 4th Sunday and birthdays as per the timing,venu fixed by both the parties and in presence of both the advocates as the parties may settle and on record of both the advocates.
As this order as not provided any jurisdictional territory and fixed timings and also has involved the advocates to be present on both sundays it is not acceptable to both the parties as there is no conclusion arrived and both the parties stay away at least 40 km away from each other place.
Can the request be made to judge to alter the order or the stay has to be taken and if the stay is to be taken in which court it should be taken
Raj Kumar Makkad
(Expert) 21 December 2012
Such review application can be filed before the same judge and generally a perfect amendment can be effected as desired by parties.
