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Kiran (manager)     07 February 2014

Highcourt is compelling

Respected Lawyers,

 

 I have appealed in HC , Highcourt is forcing to pay arrears of 2 years. I told my lawyer only one year arrears is applicable that too if my wife will file for execution.

My lawyer is saying we need to follow what HC is saying or else HC  will dismiss the case. inspite , having may merits.

Please assist  will be oblige.



Learning

 7 Replies

R.K Nanda (Advocate)     07 February 2014

U HAVE TO COMPLY HC ORDERS.

Kiran Kumar (Lawyer)     07 February 2014

Simply Comply with the orders passed by the Hon'ble High Court.

 

If there are some inherent defects in the order then may move necessary application before the court. Challenging the same before Supreme Court would not provide any substantial relief to you.

S.QAISAR ALI ADV. (Advocate)     07 February 2014

first  to comply the orders passed by hon'ble court then move for further relief.

danish (Manager)     08 February 2014

Respected Lawyers please don't feel offended.

Just want to clarify CRPC 125 Sub sec3 states that,

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due"

So way so much misuse of law.

Kiran has stated that his wife has non even filed for execution.

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     08 February 2014

Do not blame advocates. First of all at local lever no serious advocate was engaged to resist properly the order and if order was passed instant revisions should have been filed.

 

IT CAN BE DONE EVEN NOW AND SHOULD BE DONE TO AVOID FURTHER PROBLEMS.

 

Now at HC level the other side advocate mentions orally about dues so here it it the duty of of the advocate of the party to bring this fact in  black and white that no such application was moved in lower court.

However application can be given  even now and SC has given many judgments in this matter.

 

THIS IS THE SCENE IN MOST OF THE CASES AND PARTIES INSTEAD OF TAKING PROPER LEGAL ACTION BLAME THE LAWS, COURTS AND EVEN ADVOCATES.

Kiran (manager)     08 February 2014

Respected Lawyers,

I have appealed wrong order in session court. session court dismissed my appeal. Thats the reason I have filed appeal in HC.

Yadanand Sir can you please let me know the judgment of SC in this matter.

T. Kalaiselvan, Advocate (Advocate)     08 February 2014

The question is that you have filed appeal against the order in Section 125 of Cr. P.C ?, on dismissal by sessions court, you preferred another appeal before the high court?, if so, the high court while dismissing your appeal has rightly ordered to pay the arrears whatever has not been paid, where is the question of EP or collection petition?,  therefore, the high court orders  may be complied with or else the other side may file  contempt proceedings.


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