Help to appeal against, 24 HMA judgment
Querist :
Anonymous
(Querist) 29 April 2011
This query is : Resolved
Hello,
Here is the attachment of 24 HMA judgment.
Can I go for appeal in the High court against this judgment. as the amount fixed is very high.
Before that, Some briefs facts are:-
1. I don't file Income tax return as I don't have this much earnings
2. I have taken a salary certificate from the employer(shop owner) for Rs. 4000/- per month to prove my earnings
3. the girl has not attached any document/annexures to support her statement from which she can prove that I am in business and earning in lakhs (as claimed by her).
4.She is B.sc graduate, which she has not disclosed in her application. Means she has not come in the court with clean hands. Whereas, I can prove that she is B.sc graduate as I a documentry prove.
5. Now she is doing LLB final year for which she has paid Rs. 60,000 fee.
6. Before marriage she was a working lady and earning around 7,000/- pm. (for this she has given in written in Income Tax Department also). I know all this but that is off-records.
7. At the time of Bail proceedings, I have given FDR for Rs. 3,00,000/- as per the directions of high Court. In that order also the High court has advised her not to encash the FDR so that she can have regular income as maintainance.
Now, as written in orders.
PARA-6, that the husband has arranged Rs. 3 lacs for bail...., but the truth is that amount is paid by my parents not me.(on records also).
PARA-6, How the judge can assess my salary. I am showing my salary certificate. The is not able to prove my earning.
Plz. help me on what points I need to go for High court.
Devajyoti Barman
(Expert) 29 April 2011
From the information supplied by you, the case appears to have good merit to challenge the order of alimony.
Guest
(Expert) 29 April 2011
Must challenge the order to bring out the facts on record in your favour.
M/s. Y-not legal services
(Expert) 29 April 2011
what you were doing while your case's trial sir? take further steps to file a C.M.A before the high court sir.. i mean appeal.. also do it in time.. otherwise you have to bring the limitation act also..
Devajyoti Barman
(Expert) 29 April 2011
From the order u/s 24 of HMA , Revision lies and not Appeal.
M/s. Y-not legal services
(Expert) 29 April 2011
if that order by the district court or district family court mean, in high court how can file the revision.. at that time thats appeal..
