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Ganesh01 (govt servant)     22 February 2024

Revision petition

Dear Sir,

In RPFC case at high court maintainance for the kids was reduced from Rs. 25,000 to 20,000 per month per kid but maintanance is ordered for 25 years or till the end of their education.

The kids are now 14 and 17 years. 

RPFC judgement/order date is 20 Dec 2023. Applied for copy on 2jan 2024. Delivered the judgement copy on 24Jan 2024.

Now please let me know

1. The last date to file the case for REVISION PETITION at high court as it is given 30 days from the date of order/judgement.

2.Can I go for revision petition on the ground that maintainance is for 18 yrs or give the kids to me, ( already filed G&WC for custody of the kids).

Thanks and regards.



Learning

 9 Replies

Dr. J C Vashista (Advocate )     22 February 2024

For calculation of limitation period of of 30 days for filing appeal u/s 19 of the Family Courts Act, 1986 against order / judgment passed by Family Court the time taken in supply of certified copy (23 days in instant case) shall be excluded 

1 Like

T. Kalaiselvan, Advocate (Advocate)     22 February 2024

Yes the time taken for obtaining the certified copies of the orders will be excluded for calculating the 30 days time period.

You can very well prefer an appeal or revision over the aggrieved orders.

 

1 Like

Shashi Dhara   22 February 2024

If kids are handicapped or unmarried daughters or unable to serve themselves then you have to pay maintenance lifelong.

Ganesh01 (govt servant)     25 February 2024

Originally posted by : Shashi Dhara

If kids are handicapped or unmarried daughters or unable to serve themselves then you have to pay maintenance lifelong.

Thanks for the reply sir. Here kids are 2 able sons aged 14 and 17 yrs and are in 8th and 12 class. She has put both of them in hostel. She has given in writing not to allow me to access  the kids in their school.

Mother is working as manager in national bank and having over 1 lakh salary and now kids have got share in the ancestors property. So why maintenance after 18yrs to them... please suggest sir...

Dr. J C Vashista (Advocate )     25 February 2024

On attaining 18 years of age sons are ineligible for maintenance from parents.

1 Like

Ganesh01 (govt servant)     06 May 2024

Originally posted by : Dr. J C Vashista

On attaining 18 years of age sons are ineligible for maintenance from parents.

Sir, 

Kids are normal sons aged 14 and 17yrs. Mother is working in PSU bank. But high court judge has ordered the maintainance to kids till the age of 24 yrs...  how to go about it..

Shashi Dhara   06 May 2024

You can approach supreme Court against high court orders the last remedy.

Dr. J C Vashista (Advocate )     10 May 2024

If the order has been passed by single judge of High Court, you may file LPA and challange it, otherwise move to Supreme Court in SLP / Appeal as the case may be and advised by your lawyer.

T. Kalaiselvan, Advocate (Advocate)     11 May 2024

The law for maintenance of children is very clear that the sons of the age of 18 years and above are not eligible for maintenance from their parents even if are students or not having any source of income to sustain their expenses. 

You can very well proceed with an appeal against the judgment either a review by larger bench at high court or by a SLP before supreme court. 


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