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Suhas (Not Working)     28 March 2011

Any limitation of 90 days to file 'stay of execution' at HC?

Does the time limitation 90 days become applicable for Application in HC as 'stay of execution' of interim maintenance order in divorce case as per hindu marriage act?

 

Already 100 days are gone by after interim maint was passed. It is to be challenged.

 

would it require to file condonation of delay also? in addition to 'stay of exeution' and 'writ petition' to quash interim maint order (writ of certiorari)

 

Also, Should the writ be under 226 or 227? 

 

Please advise



Learning

 2 Replies

M.Sheik Mohammed Ali (advocate)     28 March 2011

writ under section 226 in high court, if unable to attn the court or apply to appeal, if you give reasonable reasons if the court satisfied then only put up your case.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 March 2011

Revision is liable to be filed in the given matter under Art. 227 of Constitution. It is better to file Delay Condonation application.

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