Can maintenance be sought directly in High Court without any trial court proceedings?
There are no proceedings of 125 CrPC, or HMA 24 regarding child maintenance in trial court. No income affidavit filed as per Rajnish vs Neha Judgment. Additionally the said demand for maintenance has been filed by way of application in Appellate Court in a pending guardianship appeal.
moreover the judgment Rajnish vs Neha clearly says that maintenance is from the date of order or date of application. Whereas what has been prayed is reimbursement of all expenses of child prior to filing of application, and additionally bearing all further expenses without the other contributing a penny.
The appellate Bench of High Court does not have Original Jurisdiction. So no direct approach to High Court is possible in matters where specific provision of law exists for going through the trial.
Above all, the High Court is allowing such illegal acts in blatant violations of law. What recourse to be taken to expose all these illegalities, the type of favors being provided to the litigant by High Court judge?
