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Ravi (a)     07 April 2015

High court appeal

dear experts -

i filed an appeal petition against the family court order in HMA24 petition filed by my wife. she didnt mention her job details in the petition and put a false claim of my salary. with all claims, the judge gave a huge maintentance to her. being agrieved, my appeal peition in high court hasnt received stay on the HMA24 order and it's been more than 6 months. the judge says either pay the amount or get the stay from high court due to which i have been paying part payments in every hearing.

 

1. please let me know what's the timeframe to get the suspension on the order from high court?

2. my lawyer says it will get only when the matter is listed in the daily causelists.

3. i check regularly the high court website but my case is not getting listed. Please tell me and explain why it is so getting delayed. does it take more than 6 months to come to judge and provide stay order?

4. Please let me know how to speed up this.

5. Will my wife ask interim maintenance again in the DV case filed by her? if so, is it not abuse of law process?

 

thanks in advance...



Learning

 10 Replies

Adv. Chandrasekhar (Advocate)     07 April 2015

When the first hearing of appeal itself, the court will grant stay, if it sees merit in the case.  Has it not done so, the appeal will be disposed off either way, once pleadings in appeal are complete and case heard finally.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 April 2015

If your lawyer wishes then easily enlist but he will not do it to make delay and harass you.  :P

 

You can plead the case in-person also. You can argue with the honorable judge in the first hour of the court to make enlist in the cause list.

 

Or,

 

You can talk to a court clerk to enlist it.

 

One question to you, your petition is an appeal or revision ?

 

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 April 2015

The answer of your Question No. 5 is - She can't get maintenance two ways.

 

If you withdraw your MAT suit, then she will not get maintenance U/S 24 HMA and will be disposed of automatically.

Ravi (a)     07 April 2015

thank you sir.

when the matter was brought to bench as soon as the petition is filed, judge issued an urgent notice to my wife. after receivng the high court notice, my wife filed a vakalath thru her advocate. that's it. after that nothing is moving. days are just passing by.

what's the alternate option to speed up this?

 

also, why lower courts dont follow the judgements issued by suprement and high court time to time about "no maintenance for a working wife"?

N R Dash.. (Advocate)     07 April 2015

Ravi, in India judiciary has been following the general principle that maintenance to a wife if she appears before court irrespective of the facts & fictions. Most of the judges do follow that despite the provisions in the law substantiate a different end.  Be brave & fight against all odds.

 

Now as the summon issued and your wife had filed appearance, means your case is already listed. Now, on each date there would be some hearing. Court would not be adjourned without any reason. Either your advocate is not smart enough to handle it. You can verywell appear in-person, be sure you law the provisions of law to defend your plea.

Ravi (a)     07 April 2015

Thank you sir.

i approached high court thru my current family court lawyer. my current family court laywer is in touch with high court lawyer.

i watch my case status on high court website. the last hearing was somewhere in dec 2014 and since then, there have been no listings about my case. last time, my lawyer said he informed the high court lawyer to put advance petition so that the case will be listed and the matter will be heard. one week gone, still no updates on the court's website.

i am not a law guy and dont know much to represent the case in person.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 April 2015

I am also not law professional, still pleaded my cases in HC in-person.

SAINATH DEVALLA (LEGAL CONSULTANT)     07 April 2015

Appeal pending in Hc  for 6 months is not correct, everything depends on the contents of the appeal and intelligence of UR lawyer.Kindly check the status online.

Ravi (a)     07 April 2015

sir - it's a civil revision petition under Article 227 against the FC order.

FREDYCHARLES RK - Bangalore (Advocate)     07 April 2015

Hi Ravi, I echo Sainath. The HC are indeed laudable and very impressive to me though some justices are exception. Also, Rocky's post is very likable but guess it is not right to basket all lawyers as liars. The listing may be on freeze for want to office objections , please do the needful you will see the listing. Indian Judiciary is not all that bad though

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