Huge interim maintenance

Appeal u/s 29 of DV Act......

Within 30 days....

Thank you. I forgot to tell one more point. This order is given in 24hma section in my divorce case filed by me.

@ Author,

1. First be very careful how you refer a ld. Judge of a Court to as in a public forum. If a party is un-happy for any reasons due to Order of a Court, there are always various forums open for its Appeal / Review etc. 

 

2. Second, share with the forum if the award is from a Family Court or from a Magistrate Court?. Specify the quantum of award and parties respective income details.

 

Thank you for clarifying. Sorry I don't mean to hurt anyone. This is family court, divorce case 24hma section. There is no proof of income of mine from my wife whereas I submitted her job details with salary amount. Without my income proof and without my liabilities and dependencies, how can the order be passed with huge amount. Is this called justice?

@ Author,

 

1. If you don’t submit your validity proofs how any Court will support you?. Your income – liabilities – deductions etc. proofs are in your special knowledge, is it not so, so same have to be submitted to counter her huge alleged monetary demands?. Just like I asked you specifics you do not reply specifics instead copy-paste your own first query sentences so how do you expect me or for that matter any other expert to help you fishing first and then BBQ special knowledge facts of yours!

2. Hence, suggest contacting your advocate with your special facts and approach a superior Court asap. 

 

[Last reply]

thanks. but my advocate didnt tell me or made me aware that i had to submit my payslip, loans, parents maintenance and my maintenance. he just told me that the girl side has to prove my income whatever they are stating in the petition. 

 

does this mean my advocate cheated on me or indirectly was helping my wife? he wants to make money by going to the upper court? 

totally confused.

As an exception may I ask final question to you; Your scorecard says 261 points that translates into 130 queries or discussion points till date as each querry or each discussion earns one 2 points, hence what did you ask all these time or what did you discuss all these time in the forum to come up with an allegation that advocate is cheating you or has sided with wife?  


A informed litigant is one who assist his advocate by giving directions to bring justice to himself and 130 queries or discussion you already did till date in the forum, so tell yourself your information level and/or instruction level, instead of blaming a advocate ?.

I don't understand your point. We don't have practical legal knowledge. If you are a legal expert, please help and god will help you for this Nobel cause. Each case is like a chess played by two parties. We don't know whether you are loosing the game yourself or making the opposite win the game. My scorecard is no way connected to various questions that we have in mind. Even we count each drop to make the mighty ocean. Let me ask you this - how many posts of mine you Answered? People getting to know a lot about legal knowledge nowadays, but in fact it depends on how you play your part in the legal battles.

Normally, NO appeal lies from an order made under S. 24 of HMA, for orders made by Civil Courts.

 

See :

loganayaki vs. v. Sivakumar

 

A petition may lie under A. 227 of constitution, as was done in above case.

I agree with the view of sh.tejobsindia.  first you criticise the judge next your own advocate and now sh.tajobsindia.  next I will be in the firing line.  O.k. answer for your question is appeal before the division bench of high court being it came from family court u/s 24 HMA.

On closer reading of the query, I see that the Order was passed by a Family Court. Case cited by me above does NOT hold for Family Courts as it states :

Loganayaki vs V. Sivakumar

Para 15 : ...... In the present revision, I am of the view that I need not go into the question as to whether an order made by the Family Court under Section 24 of The HM Act is an interlocutory order or a final order and as to whether an appeal under Section 19 of The Family Courts Act lies to the High Court against such order. I leave the said question open as it is unnecessary for the disposal of the present revision.

===

Would appreciate clarity on this - is there an SC/HC judgement clearly deciding the above issue left open ?

Thank you for your suggestions. I am not the only person blaming the judge. I came to know from different sources that many guys suffered under his orders. The judge never asked me my real salary, my liabilities, my dependents nor my advocate advised or told me to submit these facts in the memo. Hence I asked here politely my advocate was right in this or wrong. The other person took it so personally as if I am in the line of blaming everybody. You folks are experts, so help us in every way by means instead of saying this is the last reply.

@Sh. Hardeep,

Whether an order made under Section 24 of the Hindu Marriage Act 1955 by Family Court established under the Family Courts Act, 1984 is appealable under section 19 (1) of the said Act to the High Court?  The answer to this question is not uniform among various High Courts.  A full bench of Allahabad High Court and division benches of Uttarakhand, Delhi and M.P. high courts have taken the view that such an order is appealable U/s. 19 of the Family Courts Act.  Quite contrary to the same, the full benches of Orissa High Court,  and Patna H.C. and Division Benches of Karnataka, Rajasthan and Bombay H.C. have held that such an order is not appealable to the H.C. under S.19 (1) of the Act.  You can refer to P.T. Laxman Kumar Vs. Bhavani II(2013)DMC 632 Madras High Court for detailed understanding behind these varing decisions.