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Shailesh (sr)     11 April 2011

Writ Appeal against Writ Petition

My case is Restitution of Conjugal rights, I have already been granted a interimmintenance of 25000 Rs. per month which was challenged in HC but no luck there too as the House EMI,Site EMI,Personal Loand,Rent and Lease were not shown as evidence.
That being said can i now go for Writ Appeal as i have my old parents and incomeless brothers and also Loan amount EMI regarding my parents house is also taken care by me.

What @ an writ appeal against writ petition dismissal in HC, as i thought the interim maintenance ordered will be reasonable?



Learning

 6 Replies

Tajobsindia (Senior Partner )     11 April 2011

@ Author

1.
Remedy is by way of C.M. (main) Petition filing as;

“P
etition under Article 227 of the Constitution of India read with Section 151 of CPC against the Impugned Order Dated XX.XX.XXXX passed by learned Principal Judge, Family Court, XYZ, XYZ in HMA no. XXXX of 20XX”

 

 

Shailesh (sr)     11 April 2011

Thanks for the advise.

Please can you drect through the Bombay High Court lawyer as to approach, in case you have any idea as i am a pune resident?

Shailesh (sr)     11 April 2011

If 25000 is granted to my wife , then she may lead a luxurious life without marriage and i being the rsponsibility family member i need to suffer. Is it not as i am married and inspite asking her to join me , i am being penalised?

Tajobsindia (Senior Partner )     11 April 2011

@ Author


For your first reply wait Ld. Advocates reading this post will get in touch with you - alternate refer to LCI Lawyers database and talk to concerned ld. Advocate members


For your second reply it is always better to go in for Art. 227 R/w 151 showing your liabilities / deductions and seek reasonable interim maint. for a metro wife from HC.


And now, for your haste comment on luxuries I can only say that you were probably misguided not to declare your assets and liabilities / statutory deductions and hence trail Court formed a view that you are a husband full of means and now if you cry then atleast donot use word ‘luxuries’ as she has already raped you well particularly your weak defence in her S. 24 HMA to yoru RCR
J oooops


But don’ loose hope Indian husbands are always treated as free ATM machines unless HC and or SC one goes so all the best.  

Shailesh (sr)     11 April 2011

Can i file my deductions there, what is the time does it require for disposal of this.

Damayanti (Unemployed)     11 April 2011

What is site EMI


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