C/o Dr. Raja's Diagnostics
1104, Andherdeo
Jabalpur - 482 002
Madhya Pradesh, INDIA
Phone - 0761 - 2652487
Mobile - [0] 94252-13300
E-mail - vishalindu@gmail.com
Vishal Indurkhya (Professional) 08 April 2011
Damayanti (Unemployed) 08 April 2011
I think you should concentrate on your 498a case more.
Ofcourse you are already a lawyer in the making!
Tajobsindia (Senior Partner ) 08 April 2011
First what is the date / month / year of passing Interim order?
Based on which the right Jurisdiction can be advised followed by right Sections of the Act and not what you are seeking here as advise which becomes point of dismissal at admissan stage itself if ventured as you write !
Damayanti (Unemployed) 08 April 2011
If you are hell bent on contesting the maintenance order then :-
For a judgment debter like you in your case, you have two options at HC
1) Appeal does lie in HC.
2) Revision under 115 CPC not maintenable (wuold be dismissed immediately) at HC
3) Writ of certiorari under Art 226 COI, Revision under Art 227 COI is maintenable (but you need strong merits to win the same) at HC
Or
4) You may file review application at FC.
But if you lose out in review at FC, you can not move HC to appeal against the Order, At the max, you are left with 2nd option at HC i.e. wit under 226, 227.
Review has to filled within 30 days of the order otherwise you need to have strong justification for the delay. you review application should go along with a application for condonation of delay. SO first the delay will be condened then your application will come for hearing.
The Orders which are passed under Sec 24 are judical orders and they must be accopanied with some material on record and they cannot be arbiatry. If your wife has hidden her earning details and filed a false affidavit then you can file a criminal contempt on her in the same court.
However it will be better if you spend more time on getting 498A quashed.