apeal against interim maintenance sec 24 hindu act
Querist :
Anonymous
(Querist) 08 April 2011
This query is : Resolved
Hi,
I have given POA to my father. I stay overseas and doing my MS, after quitting job, and after my wife filed divorce and maintenance case section 24 Hindu Marr. Act.
My lawyer had filed review against interim maintenance.
I am not sure why review petition is stuck and nothing is happening since last 9 months, yet another next hearing date is given.
Am I entitled to file appeal in Bombay High Court against the Original Interim maintenance Order? I can ask to withdraw the review petition also.
My father has been depositing money every two months (6000/- p.m.)
Can review as well as appeal go on parallelly?
I am told that review is always dismissed.
Am I entitled to file appeal also?
If yes Can I do it after 9 months of delay. Well! its not a delay because review application was filed immediately within2 weeks.
I (my father) was initially told that review petitions get over quickly.
Have I lost the opportunity to make an appeal?
if required I would not mind to withdraw the 'review petition' from family court?
Is there remedy for delay of 9 months to file appeal?
Warm regards.
Querist :
Anonymous
(Querist) 08 April 2011
Was it appellable order in the first place?
Querist :
Anonymous
(Querist) 08 April 2011
One suggestion received to me is that 'its better to withdraw review petition before it is dismissed, and it is better to file appeal in High Court, where matter is heard without prejudice'.
My wife also works in IT field.
I also used to work in IT. But since the divorce notice was sent to me, I am jobless and I left India after first appearance and talking once to councellor.
Since then my father is attending the court procedure.
Devajyoti Barman
(Expert) 08 April 2011
Yes it is definitely better advice. et it withdrawn and file a revision. However since time has expired to file such revision you have to file a petition u/s 5 of the Limitation Act for condonation of delay which would be allowed.
G. ARAVINTHAN
(Expert) 09 April 2011
Revision is maintainable before High COurt
Querist :
Anonymous
(Querist) 09 April 2011
Dear sir,
Thanks for your expert advise.
Please comment on following.
Appeal period of 90 days is now already lapsed. Is there any solution for this?
What would be a good excuse for delay? My father arranged to filed review very very quickly, in fact.
Are you suggesting revision instead of appeal? OR Both?
Why did you say revision?
(Appeal means that whole judgment was wrong and unjustified! isn't it.)
Is it necessary and compulsary to withdraw 'review' which is still going on for above?
warm regards
