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AQDAS DHALA (proprieter)     15 July 2012

Order 7 rule 11 u/sec 151 c.p.c in family court

Hi my seperated and took my three years old daughter to her parents place

I fuiled for conjugal rights and about the same time wife filed for divorce,

both are assigned different court no, BUT the court assigned to me is vacant until now

whereas divorce judge is present and has already passed orders of chils access and maintenance

wife found the maintenance order amount of Rs2000/- too low so she appealed to high court

what is me legal remedy a Writ of Mandamus/Habeas Corpus/certiorari or what you suggest ?



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 July 2012

You can seek clubbing together of those cases, if you have a family court in your state, then the court is under an obligation to try both the cases together. Seek the divorce court to calll over the matter to it's own court. If that doe snot happen you can seek directions from the court in its writ jurisdiction mandamus/certiorari.  As regards maintenance, whether the order is sustainable or not depends on a lot of factors, all of which cannot be catalogued here.,

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 July 2012

You can seek clubbing together of those cases, if you have a family court in your state, then the court is under an obligation to try both the cases together. Seek the divorce court to calll over the matter to it's own court. If that doe snot happen you can seek directions from the court in its writ jurisdiction mandamus/certiorari.  As regards maintenance, whether the order is sustainable or not depends on a lot of factors, all of which cannot be catalogued here.,

Adv. Chandrasekhar (Advocate)     15 July 2012

Tagging together the matrimonial disputes between the same parties is mandatory as per law, so your RCR will be transferred to the court where divorce case is pending, on your filing the transfer petition before the divorce court informing the pending RCR in different court.  If you are not satisfied the interim orders passed by the divorce court in relation to maintenance, child custody/visistation, you have to approach the hon'ble High Court. 


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