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sai narayana   21 April 2017

Novice doubt reg- appeal an issue family court proceedings

May month is holiday for AP high Court but Family Court works. If during that course of period, my opposition plans workout, my defense will be struck off along with attaching my salary for my inability to clear the arrears in S24 interim maintenance.

Against attaching my salary, I can beg for allowing me some time in my organisation before implementing the same so that in the meanwhile I can appeal against it in HC.

But I don't know how to restore my struck off defense, because, in the family court, proceedings are going so fast that I wouldn't get a chance to file appeal against it and by the time high court reopens after vacation, final decree may also be passed against me in the court below (family court).

So the million dollar question is how to appeal in High Court against any family court order/proceedings during summer vacation.



Learning

 10 Replies

sai narayana   21 April 2017

Sachin (N.A)     21 April 2017

You can file Appeal along with the Application of stay order on impugned order during summer vacations , Vacation bench will hear the case or may give you stay and then refer the case to regular bench which will hear the case after vacations 

sai narayana   21 April 2017

Originally posted by : Sachin
You can file Appeal along with the Application of stay order on impugned order during summer vacations , Vacation bench will hear the case or may give you stay and then refer the case to regular bench which will hear the case after vacations 

The appeal against Defense struck off is to be filed under Article 227 so it's heard by single Judge. During summer vacations, High court will entertain this appeal??

Sachin (N.A)     21 April 2017

Your duty is to file an appeal against the impugned order within 30 days, What court will do its court's discretion.

As I suggested file an "Application of stay order" along with "Appeal" with "Application of urgent hearing" . There is a fixed format for urgent hearing mention reason - Appeallant is praying for stay order ( form of urgent hearing is also avialable in  court) 

sai narayana   21 April 2017

Originally posted by : Sachin
Your duty is to file an appeal against the impugned order within 30 days, What court will do its court's discretion.

As I suggested file an "Application of stay order" along with "Appeal" with "Application of urgent hearing" . There is a fixed format for urgent hearing mention reason - Appeallant is praying for stay order ( form of urgent hearing is also avialable in  court) 

Is this form No.5 in below Delhi High Court works?

https://delhihighcourt.nic.in/Downloads.asp?currentPage=1

 (or)

Form No.12 in below link

https://delhihighcourt.nic.in/Downloads.asp?currentPage=2

dr g balakrishnan (advocate/counsel supreme court)     21 April 2017

u may know SC passed an order in the case of WB - allowing 25% ought to be paid by husband to his divorsed wife; none case escape so u may note Art 141 works on SC judgement , keep that in mind before maing any appeal pls friend a caution to u sir. tks.

dr g balakrishnan (advocate/counsel supreme court)     21 April 2017

from now on alimony is 25% of husband's earning that can be claimed by divorced wife as alimony. in terms of new ruling that isto be followed by all courts in india under Art 141.

sai narayana   21 April 2017

Originally posted by : dr g balakrishnan
from now on alimony is 25% of husband's earning that can be claimed by divorced wife as alimony. in terms of new ruling that isto be followed by all courts in india under Art 141.

25% of net salary for wife alone or including kids??

My net salary is @35k-40k but maintenance ordered for single wife is 15k. And also she is obligation free except filing cases on me whereas I have the obligation of looking after my parents apart from defending the cases she filed against me.


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