Counter filing in hc


Husband went to high court against final maintainance order under crpc 125 and got HC stay [by paying 20% of the arrear] in execution as well. I didnt file for increment in HC earlier . Now I gave to file objection and reuest to vacate stay. Can I counter claim for increment as maintainance judgement was low.

Appearing party in person

Thanks for the help

 

 
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U may submit to court but court decision is final.u can bring to knowledge of court.
 
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U may submit to court but court decision is final.u can bring to knowledge of court.
 
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Business

If your husband is appealing, it most likely means that you got what you wanted.  You cannot, on appeal, for the first time, ask for something that you did not pray for in the lower Court. So, if you asked for Rs. X maintenance and got it, you cannot now ask for X+y, no matter how small y is.  However, if you asked for X and got X-y and ur husband appealed, then you can file a cross-appeal or a counter-appeal claiming the full X that you prayed for.  That said, it is possible to ask for X+y in maintenance even if you asked for X before... but not on appeal...  If circumstances have changed since you prayed for X, then you can go back to the lower court and ask for X+y.  Example of change in circumstances can be your husband got a promotion, for example!

 
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A typical Reply from Shri Samir.

I know of cross cases in criminal cases.    I don't know of cross cases in civil matters.    But I do know they exist in some other name.

So also this's the first time I've heard of Cross Appeals.    Shri Samir is, in all probability, right.

 
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The last para of the above Reply of Shri Prasanna is superb.

 
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Agree with the advice of Prasanna advocate.

 
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