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PKD (govt)     03 June 2017

Review or appeal against HMA 24 order by family court

Dear Members, 1. My case for divorce is pending at Family Court for last 03 years. The respondent has applied for Pendent de lite via HMA 24. I am earning around 80K and she is having contractual Govt Job of Rs 21000 Per month. The girl has also submitted her self-attested payslip on the file. Thre was a change in judge of family court and on his first day on my case he listened to the arguements and ordered for a maintenance of 10,000 per month from date of application. 2. However, he categorically mentioned in his judgement that the girl is not working and she has no source of income wahtsoever and is totally dependent on her father. He did not even read the pay slip provided by the girl herself. Which I think is a big lacuna in his judgement as he has decided the amount thinking her as unemployed. 3. Should i go for review of his order under order 47 rule 1 of CPC or should i appeal in High Court against the same and what are the pros and cons of the same.


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 2 Replies

Sachin (N.A)     03 June 2017

 

File petition u/s 227 of Constitution of India. in HC within 30 days of impugned order.
 

Ms.Usha Kapoor (CEO)     03 June 2017

File CRP againest IA u/s24 for revision of maintenance granted by Family Court Judge in High Court.


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