Writ under article 226

The matter in hand is a good case for Article 226 in HC specially because all family court matters can be contested only in High Court as there is no other appellate court like Additional Sessions.

But, since you have already filed something regarding this in high court, either you will have to withdraw the same or wait for the result before filing a petition in Article 226. It is not possible to file two petitions on the same subject matter in high court.

Aptly answered by Avani ..

//peace

/Saurabh.V

If the HC didn't admit the revision petition or admits on conditional basis then can I go for article 226?

Why do you want to file writ under 226? ............. and also why did you file revision ... instead of appeal?

Are you saying civil revision under article 227 ................ or sec 115 of CPC?

From your descripttion, it looks that it is NOT the 'interim maint' order .......... but crpc125 suit seems to be concluded ............... and final decree is passed.

So if appeal lies, one is not supposed to invoke writ jurisdiction directly unless as you aren't exhausted of appellate jurisdiction to seek redressal against impugned order.

the Honble Supreme Court held that Article 226 is not meant to short-circuit or circumvent statutory procedures. It is only where statutory remedies are entirely ill-suited to meet the demands of extraordinary situations, as for instance ....................etc etc etc.

A writ will not ordinarily be issued by the Court where the impugned order, not patently erroneous, is made by an authority within his jurisdiction.

However, where the defect of jurisdiction is apparent on the face of the proceedings, or there is an abuse of power, a writ of prohibition or other appropriate writ or order will be issued despite some delay in filing the petition or the existence of an alternative remedy, e.g. the right of appeal.

A revision petition was filed in HC against this judgement and still it has to be listed.

At this stage can the husband file a writ petition under article 226?

---   no, no.

let the revision, allowed first.

two petitions on the same matter will not be allowed.

@ Author

I agree to @ Avanai and @ Arup. Seems issue were taken in a hurry however I hope a Stay Application was also annexed with Revision and if so then you are almost half way if it is allowed on first hearing itself which I feel it will be.

Best wishes............

Thanks a lot for all the replies..

Yes .. stay petition is also filed with revision petition.

But if the revision petition is allowed based on condition of deposition of some high amount, then what should the husband do?? Does he need to withdraw the revision and file writ under article 226? 

Yes.. the revision was filed in a hurry as the husband didn't know the alternative remedy of quash of the final judgement through writ. Since the lower court has given 1 month time for payment of arears the revision was filed immediately.. still it has to be listed..

now it is subject to allow of a revision petition.

wait for it.