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surbhi lunia (student)     29 September 2013

Family

Hi,

 

CAN I APPLY IN BOMBAY HIGH COURT LAWYER TO FILE AN APPEAL AGAINST FAMILY COURT'S ORDER OF REJECTION OF MY APPLICATION FOR CANCELLATION OF INTERIM MAINTENANCE AGAINST MY HUSBAND. THE JUDGE PASS AN ORDER SAYING HE DOES'T NOT FEELS THERE IS NEED OF MAINTENANCE AT THIS POINT OF MOMENT.

 

CAN I TRANSFER MY CASE FROM ONE COURT ROOM TO ANOTHER? WHAT IS THE PROCEDURE FOR IT?



Learning

 13 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     29 September 2013

first you have this remedy in  concerning session court!

Sarvesh Kumar Sharma Advocate (Advocacy)     29 September 2013

yes for transfer your case the application will file before session judge !

surbhi lunia (student)     29 September 2013

MY CASE IS GOING IN FAMILY COURT AND I AM NOT CONVINCED WITH THE ORDER.

surbhi lunia (student)     29 September 2013

how much time will it take

surbhi lunia (student)     29 September 2013

how much time it will take to transfer from one court room to another. in bandra family court,mumbai

Samir N (General Queries) (Business)     29 September 2013

 

 What do you mean by: "REJECTION OF MY APPLICATION FOR CANCELLATION OF INTERIM MAINTENANCE AGAINST MY HUSBAND."

Let me presume that there was an application for maintenance filed by you and it was rejected or there was an Order for interim maintenance and it was cancelled or revoked as circumstances had changed. Either way, you are aggrieved by the Order. Right?

OK. Now you can certainly appeal or file a revision application and such appeals from Family Court goes to High Court.  About your second question, NO! You cannot ask for a different Court. That is called bench hunting or bench-shopping. Imagine what will happen if every litigant who is unhappy with the Judge asks for a different Judge! You can only do so if you present evidence of real bias or conflict of interest. For example, if the Judge is related to your husband or makes statements against you which are unwarranted or foul or general male-biased.


Finally, I ask you to be very cautious about advocates. They will even lose your case intentionally so that they can get more money for filing an appeal. Most of them are idiots who barely know the law, let alone anything else. They belong to the illiterate class.  LLB is the world's most easy degree to pass and get admission to. They try to make money, hook or crook.


Samir N (General Queries) (Business)     29 September 2013

Time... First hearing on an appeal can happen within a month, even earlier, if you have a sharp High Court advocate. That means you have to get to that top 1% of advocates who practice in High Court. 90% of them fall in the category of illiterates, idiots, morons, etc. 10% are OK. Only the top 1% will get you results quickly.


(Guest)

What is the exact order ..rejected ur interim maintenance for time being  or no interim maintenance?

surbhi lunia (student)     29 September 2013

reject  interim maintenance.

Johny Pulicken (Advocate)     29 September 2013

If the rejecting family court is under the appellate jurisdiction of the Bombay High court you can file there. Otherwise you have to approach the concerned High court. 2 You can transfer the case from one court to another court only under an order from the concerned High court. Usually the High court transfer s cases only if sufficient reason is there.

1 Like

(Guest)

Please mention the details of ur case ..if there are sufficient grounds for rejecting ur interim m ,then it's no use going for an appeal...another thing ,check whether ur advocate is asking  u to do so just to extract some more money ..u can't rely on them at all.


(Guest)

R u working??? or working earlier........pls give some details of your case

surbhi lunia (student)     29 September 2013

yes i was working before marriage. but i left it after marriage as i had to shift to hyderabad. after marriage i was working for one month.then i left it and came back to mumbai. here i m not able to get a job and to move on i opted for studies


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