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unnik   20 October 2018

High court judge directing maintenance on a dismissed case

Hello Experts,

I managed to get the divorce case dismissed in family court Mumbai on  January 2018. My wife filed an appeal in high court and I submitted my reply to dismiss her appeal. The appeal is in the pre-admission stage. All of a sudden bench of justice directed my wife to file maintenance and pressurized my lawyer to settle case on mutual consent. My lawyer and my wife's lawyer both are shocked as they also don't know if any such law exists where wife can claim maintenance on a dismissed case and appeal in pre-admission stage. Has anyone faced such situation in Mumbai high court? I am working in Sydney, Australia and I would like to replace my lawyer in Mumbai so please refer me an expert lawyer preferably near Mumbai high court. 

We are getting court date every week. Since when high court started working so fast. Can there be a link between opposition lawyer and someone internal ? I am prepared to file a lawsuit on bench of justice is there is no such law in which maintenance can be given to wife on a dismissed case so please give me your exper opinion.

Thanks,

Unni  

 



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 1 Replies

Dr J C Vashista (Advocate)     20 October 2018

No judge/court shall ever suggest or advise an appellant to file another case (for maintenance) as stated by you. 

How and why does the lawyers (of both parties) get shocked, as stated ? 

Whether the Bombay High Court is so relieved of the pendency to give weekly hearing of the case filed by your beloved wife?

Unbelievable statement(s) and prima facie time pass query.

Contact, consult and engage a prudent lawyer, if there is some truth in your story.

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