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mukesh (Executive) 13 May 2010

What is option with me -Urgent ?

Hi All,

I have got a very biased and unfavourable order today from the HC. In Domestic Violence Act my brother has been ordered to give Rs 15000 as interim maintenance to his wife who has never stayed with 4 of us and stayed with my brother for only 12 days in a foreign country. Total duration of her stay with him was in a hotel, so legally this should not come under DV ACT which states that two things need to be present to get relief in a DV case :

1. Domestic relationship
2. In a shared household

Now, evidently 4 of us havent stayed with her even for an hour and brother stayed with her in a hotel at Indonesia. We have an evidence from that hotel which further proves her misconduct. Still, sessions court had ordered Rs 40,000 per month as interim maintenance applicable from last year i.e May 2009. We appealed to adl. sessions court where the amount got stayed and jdg mentioned that EVIDENTLY there is no domestic relatiuonship in shared household. So, the order was stayed. Now, she appealed to High Crt where some weird acts were done :

Her appeal was accepted under such articles of constitution which cannot be used against interim maintenance at all
A bailable warant was issued against my brother asking him to submit his IT returns
Case completed today in her favor and though brother is jobless, he is ordered to pay Rs 15000 per month as interim maintenance under DV act in addition to Section 125 interim maintenance of Rs 5000 per month.

Could anyone suggest me if there is any way we can go for revision of this order in the High Court itself ? If yes, under what section ?

Mukesh

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12 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 13 May 2010

well you will have to take appeal certificate from the present court and file second appeal in the bigger becnh. i.e. present case would have been decided by two judges then bigger bench will consist of three judges or more.

Darshan Panchal (Advocate) 13 May 2010

I don't think larger bench would take up the matter if it has already been decided by division bench. rather than going for a revision best way is to approach the Apex court. Sometimes while giving decisions minds of Judges's are so biased if they have read something like that in newspapers or experinced it personally then irrespective of anything produced, they tend to sympathise with women.

Legal Fighter (Advocate) 13 May 2010

i suggest u to move to Apex Court and at least seek final disposal of the case in time bound manner. At final disposal, she would have to prove all her allegations failing which she is not entitled to any relied under the Act. Also do let me know as which High Court has passed this Order.

N.K.Assumi (Advocate) 13 May 2010

Invoke Article 136 of the Constitution.

mukesh (Executive) 13 May 2010

This order given by Gujrat High court.

mukesh (Executive) 13 May 2010

Advocate Gulammayudin A. Gagdani ji, If I make appeal in large bench of High court , Can you tell me the which section I have to use for it.

This order is given by gujrat High court.

Dear leagal fighter, you are sugeesting for apex court . I think you mean Supreme court. If wrong please correct it.

Shri N.K.Assumi ji , Article 136 of the Constitution is saying ,"

136. Special leave to appeal by the Supreme Court

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India

(2) Nothing in clause ( 1 ) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces .

So I have to use it in supreme court or in revision in High court

Mukesh Soni

9899005482

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 13 May 2010

well for further details you can contact local advocate at ahmedabad.

there are various notifications have issued by high court in this regards, it will be confusing for you to find section.

but it is possible and section is 134A that is also appliacble to high court as per gujarat high court rules which is notified by various notification every year.

you can also appeal in apex court.

Regards,

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 13 May 2010

kindly confirm that your order is not passed by divisional bench.

as you have to apply for appeal to divisional bench.

for all advice given by me.

mukesh (Executive) 13 May 2010

Thanx all of you

mukesh (Executive) 14 May 2010

Today I checked ,The order is passed by Gujarat High Court. It was a single bench (only one judge). I recently found that the order is an interim order (the case is not over in Gujarat High Court as yet and next date given is of July. This will ensure that she gets more than 60,000 Rs before the case is sent to lower court for disposal.). You are right, first demand should be "make it time bound". I think (please confirm) Apex court means SC I suppose, but in this case when the HC has not disposed the case, can we go to SC for an interim order ?... Still I didn't get the order copy and they are asking us to wait for a few days before we can apply for certified copy. We actually heard him dictating the order in the court and that's the only proof we have of the order.

Nobody including so many lawyers who we have consulted are able to understand why will the case continue in High Court. It has been 5 months now since the case is in high court and hearings etc has all been done.

any guideline / suggesyion please ?

Mukesh

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 15 May 2010

well i would like to suggest first go thru the following link

you can find the status of your case online.

https://gujarathc-casestatus.nic.in/gujarathc/Disclaim.jsp or https://www.gujarathighcourt.nic.in/ go to link case status displayed on left side of the screen.

if you find oral order dated as a link then you can download the same , under order details, order if passed will be available then you can apply for certified copy of the same, then on the basis of certified copy you can appeal to divisional bench and then supreme court.

Regards.