Compromise pursis under 125
HITESH SHAH
(Querist) 14 December 2016
This query is : Resolved
RESPECTED LAWYERS,
IN FAMILY COURT COMPROMISE PURSIS FOR MAINTENANCE UNDER SECTION 125 WAS MADE AND SIGNED BY APPELANT AND RESPONDENT ON EACH PAGE AS WELL AS BY ADVOCATES OF BOTH SIDES AT THE END OF PURSIS.ON THE BASIS OF COMPROMISE PURSIS LEARNED JUDGE OF FAMILY COURT DID ORDER FOR MAINTENANCE AFTER EXPLAINING AND READING IN OPEN COURT.BUT AFTER 2 MONTHS APPELANT WENT TO HIGHCOURT AND DID CRIMINAL REVISION APPLICATION FOR MAINTENANCE .GROUNDS WERE 1) THREE MINOR CHILDREN CHILDREN HAVE NOT SIGNED 2) HER ADVOCATE HAS NOT EXPLAINED PROPERLY.HIGHCOURT ORDERED THAT PURSIS WAS IMPROPER ACCORDING TO CPC ORDER 23(1) AND 32(7) AND SET ASIDE .HIGHCOURT HAS SUGGESTED TRIAL COURT TO DECIDE MAINTENANCE BUT CONTINUE TO GIVE DECIDEC MAINTENANCE AS INTERIM RELIEF TILL FINAL JUDGEMENT OF TRIAL COURT COMES.MY ADVOCATE SAID THAT CIVIL RULE CAN NOT BE APPLICABLE TO FAMILY COURT.SIR WHAT IS YOUR OPINION?WHY SHOULD RESPONDENT SHOULD CONTINUE TO GIVE MAINTENANCE IF PURSIS HAS BEEN QUASHED.GIVE UR SUGGESTION. WHAT SHOULD RESPONDENT SHOULD DO?SHD HE MOVE TO SUPREME COURT?IS IT POSSIBLE TO ADMIT CASE AND TO TAKE STAY AGAINST HIGHCOURT ORDER.KINDLY REPLY.THANKS
adv.bharat @ PUNE
(Expert) 15 December 2016
Yes your advocate is right.
Wait till High court give order.
If u are not satisfied by Honer-able High court order then u can think for SC relief.
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