Challenging IA in supreme court?

Unless you have no other option, its best to avoid the Supreme Court.

Brutus, thanks for your reply.  May I know any specific reasons for your openion "Unless you have no other option, its best to avoid the Supreme Court"

Dear Querist,

As per ordinary practice what we witness day-to-day in the Hon'ble Supreme Court that it does not as a matter of practice entertain any matter involving an Interim Order passed by the High Court. However, its not absolute rule. In a given facts & circumstances, one can mould the situation such a way the Apex Court may be inclined to pass such Order as prayed for, even at interim stage.

That being the position, I am you may take your chance. At worst, the Apex Court may ask you to withdraw and to come again when the High Court decides the matter finally on merits of the case. Opting of that action is not forbidden. You may think of such which has certain advantages when you knock the door of the Apex Court.

Secondly, within 90 days timeframe you need to approach the SC from the date of passing order by the HC i.e. 01.01.2011 in your case. Please be advised that since you seek to challenge an Order passed by the HC in interim stage, you are not expected to wait for 90 days limitation period. You need to show your bonafide to reason for your early action against the interim order. 

Thirdly, grounds so adduced appears to be alright although there is always room for improvement so as to take favour of the SC.

Trust this would be fine.

Thanks & regards.

Rabin Majumder
Advocate & Attorney
For Nu.Delhi.Law.Fora.
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi - 110001
 

i agree with Rabin. you may try

if there is no gross injustice based on facts of ur case, dont go to sc. judges there are much older and so is their way oF thinking. u may be slapped with a higher IM than present

Hi Rabin Sir,

I am really thankful to your clear explanation. Is there a possibility of granting higher IM than the present as said by Sony ji?

there is no wrong to take chance.  Your grounds are good. Appeal period starts from the date of High Court order.

Dear Querist,

Attn: Mr. Chanakyam

I am of the view that as your grounds support and with additional inputs to be drafted, there is less likely that IM would be increased. I have not come across such situation so far.

Rabin Majumder

Advocate & Attorney

New Delhi

Hello Rabin sir and Rajeer sir,  Thanks for your suggestions out your experience.  Let me also try to add addititional inputs in the petition.

YOUR POINT NO 1 IS WEAK

BUT OTHER THREE ARE PERFECTLY FITTED WITH THE REQUIREMENT OF SC.

YES THERE IS A POSIBILITY OF INCREASING THE IA. IT DEPENDS UPON THE MOOD OF THE JUDGES.

MIGHT BE THAT TO DECREASE SUCH PETITIONS, YOU MAY BE VICTIMISED.

I NOTED THE POINT RAISED BY MS SONY. IT IS CORRECT. BUT I HOPE AND WISH YOUR SUCCESS.

Thanks Arup ji for your inputs. 

I feel  Point no:1 (which is nothing but wife worked before and after marriage as software engineer and recently sher resigned after filingthe maintenance case) shows that she is a qualified engineer and capable of earning.  I saw a judgement(i think its delhi HC judgement) where wife is not entitled for maintenance if she has highly educated and capable of earning.

Wait for HC Order. Rest, I share opinion of learned lawyers. She might be working but not in your knowledge, so check through your friends ordetective.

D.D.Sharma, SP (Retd.)

9212288565