Naresh (In search of job) 16 July 2010

24HMA revision question?

Dear Expert friends,

I had filed for divorce u/s 13(1)(1-a),cruelty grounds, she filed for maintenance u/s 24HMA, interim orders passed on 29-06-10, and the next hearing is on 30-07-10 in L.B Nager family court, hyd.

(1) My doubt is deliberately judge has fixed next hearing date as 30-07-10, it is just after the 1-month time period to pay the maintenance and arrears.

(2) I applied for Certified copy immediately (30-06-10), it is not yet provided to me, the section people are saying the order copy is still with the judge. My doubt is whether judge deliberately keeping the order with him till 30-07-10, so that he would force me to pay the maintenace, he ordered? still some more time left, is there something I can do? I want to go for revision to HC?

(3) Should I not bother about certified copy and wait till it is provided to me, so that I can go for revision from the date certified copy is issued to me? As I have immediately, applied for the CC, it is the judge's issue to provide me. Can I tell the same thing to judge, if he forces me to pay the maintenance?

(4)Please share your views/experiences? Though, I can ask my lawyer, I don't know, if he would guide me properly.

Regards,

Naresh

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4 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 16 July 2010

Dear Naresh,

There are some questions to ask from u. U can call me at 9871158578 for further help and queries.

Guest (Guest) 16 July 2010

Do not put imputations against the judge. Yours is only imagination. If the judge signed the order, you inspect the file and write down the order and go for revision in the high court seeking time to file a certified copy as and when it is available. Without knowing the procedural law, do not put imputations against the judges. This attitude of your put you in deep trouble with the judiciary.

Legal Fighter (Advocate) 16 July 2010

he can't force you to pay on next date. for max, the other party can file execution, even then you can make an application that you are challenging this order and hasn't the certified copy of the order. no need to worry so much. nothing happens so fast in this country.

Munirathnam (Scientist) 16 July 2010

Hi Naresh,

No need to panic. I heard that you are in touch with SIFF, Hyderabad. I heard that in the L.B. Nagar family court lot of orders are in pending. Also I herad that one women sent a letter to Judge threatening to commit sucide if mintenacne is not grated to her early.

When you go to court next time file a memo saying that you applied for Certified Copies and mention that you would be prefering to file revision in High Court etc.

Nothing to worry.

Send your contact number to me through private messenger facility available in this forum. I could help you. I know many software professionals whoes cases are running there.

Thanks.