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Legal (gd)     12 April 2016

DV Appeal

Trial court ordered Rs5000/- pm maintenance in PWDVA on 28/04/15 in its final order. Against which I filed appeal in sessions Court on 27/05/15 in which my opponent appeared on 18/06,22/07,23/08/15 and also filed appeal against me and my family and trial court judge on 26/09/15 with section 5 of limitation act which was duly opposed by me but unfortunately sessions Court admitted it against which I filed appeal in HC which is still pending. Now, on 08/04/16 Sessions Court rejected my appeal and allowed her appeal and ordered me to provide separate residence for her (which was not demanded in appeal) Protection orders and 50000/- as compensation. So my questions are - Is my case stands now also in HC which is pending for wrong condonation of delay conded by Session court ? Or it became infectious as the Session court judgement has came ( I didn't got stay from HC but, I informed session court through affidavit that I appealed against section 5 in HC ) Can a appellate court can order separate residence which was not at all demanded by her ? What are the hopes in DV case in HC ? In my case there is no independent witness, no medical record only she and her mother and her brother gave statements in the trial court. Moreover there statements specially her is not as her petition. Plz reply with key points and judgements related.


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 3 Replies


(Guest)

Now that you are already in the High Court, the HC will decide the matter based on merits of the case.  However, if results are not favorable, you can always approach SC.

 

In the meantime, try to go for settlement, however, this a very minsicule case, you will only lose time in courts, nobody will gain anything, go for settlment, take divorce from wife under mutual consent.


(Guest)
HC will decide only what u have file...sent me order copy by lower and session court interim order

Legal (gd)     15 April 2016

@ Shivam its final order not interim and kindly send ur email I'd so that I can send u the copy of orders

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