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Walter white (Private employee)     16 January 2017

Appeal against order given in dvc

Dear Team, I would like to know the procedure to appeal against order given by court in higher court. What is the time period with in which I should file appeal? also If maintenance is ordered in DVC, do I have to give maintenance from the date of order untill I file appeal and get stay on the same? Any other process or information regarding this, will be highly appreciated. Thanks.


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 3 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     16 January 2017

Appeal period is 30 Days.

Giving Maintenance is based on Order was given by that Court.

If you prefer appeal you must file it in 30days.

Sachin (N.A)     16 January 2017

Originally posted by : Walter white

Dear Team,

I would like to know the procedure to appeal against order given by court in higher court.

Ans. You need to file appeal u/s 29 of DV act..

 

What is the time period with in which I should file appeal?

Ans. Within 30days

also If maintenance is ordered in DVC, do I have to give maintenance from the date of order untill I file appeal and get stay on the same?

Ans. You don't need to pay maintenance if you are challanging the same unless appeal court order you to pay, No need to file stay application with appeal only write in prayer to call  TCR ( Trial Court Record),
If court will call TCR case will be automatically stayed in trial court,


Thanks.

 


(Guest)
Originally posted by : Walter white

Dear Team,

I would like to know the procedure to appeal against order given by court in higher court. What is the time period with in which I should file appeal?

30 days from date of recieving order copy, to the high court perferably asking HC to dismiss entire DV case based upon merits of the case.

 

also If maintenance is ordered in DVC, do I have to give maintenance from the date of order

Yes from date of application/petition of maintennace.

untill I file appeal and get stay on the same?

You can directly for dismissal of DV case rather than asking for stay in HC.  No need to go for appeal in Sessions Court, HC has more powers than subordinate courts.


Any other process or information regarding this, will be highly appreciated.

Thanks.

 


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