Wther appeal to high court allowed in d.v.
dattaraj
(Querist) 03 August 2013
This query is : Resolved
dear experts,
husband filed writ petion in high court court granted stay order on the interim orders passed by lower court,
now after all these procedure counsel of the wife side has raised an objection that husband cannot appeal against interim orders hence the petition is void so the same has to be rejected
sir, please guide for innocent husband side is there any barriers to appeal against interim orders for appeal to high court.
if appeal is fundamental right for justice please give some case references to produce before the high court i do have on 10 days to file my submission.
thanks
Deepak Nair
(Expert) 03 August 2013
Every order passed by the lower court, whether interim or final, can be challenged in the appellate court.
R.K Nanda
(Expert) 03 August 2013
u can file appeal against lower court order in
high court.
dattaraj
(Querist) 03 August 2013
dear experts its most important to know abt any cas law as the high court has asked for tenability of appeal and trying to favor wife. i do have fear to loss of justice
V R SHROFF
(Expert) 03 August 2013
UNDER DV ACT, 2005, APPEAL PROVISION IS U/S 29.
IT READS : "THERE SHALL LIE AN APPEAL TO THE COURT OF SESSIONS......within 30 days..."
IT MEANS FROM TRIAL COURT ORDER, APPEAL LIES TO SESSIONS COURT. [ NOT HC]
So High Court correctly asked tenability of Appeal.
Why didn't u move Sessions ct first ??
Raj Kumar Makkad
(Expert) 04 August 2013
Reply the valid query of Shroff first before I answer.
dattaraj
(Querist) 04 August 2013
sir i have already had filed appeal at session judge who has rejected the appeal and raised interim relief from rs. 2000 to 4000 p m to wife so i moved to high court so now the high court asking tenability of appeal for interim relief?
dont i do have right to appeal against session under d.v. law for justice for interim relief ?
