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sai narayana   15 November 2016

Where to appeal/revision against family court S24hma order (Interim Maintenance)

Under Section 19 of family courts act 1984, we can file appeal against family court orders in High Court's Division bench.

 

Now my query is

 

1. Can we file appeal or revision against S24Hma (Interim Maintenance) order in same faimly court first and later in High Court (or) all appeals/revisions shall be at first instance in High court only??

 

2. If to appeal / revision in High Court, what are the documents required, the S24Hma order or entire case file requires to be transferred to High Court or certified copies of case file enough??

 

Thanks in advance.



Learning

 9 Replies

adv.bharat @ PUNE (Lawyer)     15 November 2016

1) Appeal in High court.

2) only certified copies of judgement.

Will u appreciate this answer by giving THANKS on my Profile?

Sachin (N.A)     15 November 2016

You cannot file appeal in same court but you can file review in same court agiainst order u/s 24 HMA but normally no family court review its own order.

So better to approach to HC

 

 

sai narayana   15 November 2016

Originally posted by : adv.bharat @ PUNE
1) Appeal in High court.

2) only certified copies of judgement.

Will u appreciate this answer by giving THANKS on my Profile?

Please clarify me, Without the entire Case file or at least the documents related to S24 application and the counter i filed in response to it, how can I plead my appeal and how can the High Court adjudicate it??

Sachin (N.A)     15 November 2016

Best is to linger on the appeal in HC till the disposal of main petition of divorce.

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Sachin (N.A)     15 November 2016

The orders passed under section 24 are interlocutory orders. hence it appeal may not be maintanable, so either you have to go for a review under section 114 order 47 Rule 1 CPC

 

or

 

You will have to file a writ petition under Article 226/227 in High court. But you will have to prove that the decision has manifest error and is perverse. Then only the Writ will succed.

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sai narayana   15 November 2016

Originally posted by : Sachin
Best is to linger on the appeal in HC till the disposal of main petition of divorce.

During the appeal period, can I postpone the payment or do I need to obtain seperate orders from HC for the same??

Sachin (N.A)     15 November 2016

You need not to pay if your writ / appeal is accepted by the HC.

sai narayana   15 November 2016

Originally posted by : Sachin
You need not to pay if your writ / appeal is accepted by the HC.

I am talking about the period in between date of filing the appeal and it's date of hearing.

Sachin (N.A)     15 November 2016

No. if pay the amount it obviously mean that you are capable of paying so never do that.


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