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Abdul Basit (Block Officer)     17 May 2012

Appeal

Woman (petitioner ) has demanded maintenance under Sec 488 in J&K in Oct,12, while respondent pleads She is divorced 2.5yrs. back. On the petition for interim relief, Court ordered 1500/-per month in Apr,12 after about 6 months   and made it  part of the main petition . In May,12 the respondent, was given permission to self-plead. On that day, He was asked to cross-examine the petitioner,which he did. Plaintiff has not produced any witness yet and most probably has none. Defendant has a number of witnesses to produce. Also He is not averse to paying the interim and has not appealed against  the interim order yet. May you be kind enough to reply:-

1. What is the period of appeal against the Interim order in the next higher court?

2. If the period has expired, is there still any possibility of appeal?

3. Is there any scope of seeking a review of the interim order by the same Judge?

4. Since the petition has thus been disposed of and" made a part of the main petition", when shall it come           under discussion, because the interim order has been based on some erroneous deductions.

5. Is it permissible to submit to the Judge holding the trial a respose to the Interim Order in writing, so that the     compliance of the Interim Order is not construed as acceptance of the grounds of interim order by the                 respondent.

6. Is it mandatory to make the payment to the petitioner before the next date of hearing (end of May, 12) or on         the same day? How to make this payment ?



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 May 2012

Mr. Abdul,

To restore a suit  or  appeal  or application for review  or revision dismissed for default of appearance or for want of prosecution or for failre to pay costs of service of process or to furnish security for costs, the period of Limitation is 30 days from which period begins to run.

Abdul Basit (Block Officer)     18 May 2012

Respected Rama chary ji,

Thanks for the response, but I could not understand it  vis-vis my situation. Please reply my queries pointwise briefly quoting only the serial nos. 1,2,3,........6. I re-submit the Queries for kind response:

1. What is the period of appeal against the Interim order of 12th Apr. in the next higher court?

2. If the period has expired, is there still any possibility of appeal?

3. Is there any scope of seeking a review of the interim order by the same Judge?

                        Regards, 


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