pun (eng) 29 October 2013

Maintenance appeal in hc or district court

Wife has filed the maintenance U/s 24 of HMA for herself and child + litigation expenses. She did not file the application for child seperately U/s 26 of HMA. Court rejected the maintenance and litigation expenses for wife and for child maintenance is allowed as it was not challenged by me. But the Court passed the order since date of application and considered bit high amount only for child maintenance.

1. Please tell me if this order passed will be considered u/s 24 or u/s 26 of HMA.

2. And this order which is passed by civil court senior division is appealable in the District Court or only writ in HC is the way to challenge the order.

Thanks

Reply Follow

2 Replies

(Guest)

Check the order at under which section it has been passed. If no U/s 26 was filled by wife then it can't be passed without pray. You can appeal for set aside at session court.

Damayanti (Unemployed) 30 October 2013

Mr Pun,

You are confused with the term "civil court senior division".

In every district Family Court is not YET established.

But ALL matters such as divorce matters are governed according to Family Court act/FCA (and the subject matter jurisdiction is described therein).

And in such aforesaid districts when Family Court/FC is not established, a Civil judge Senior Div. is conferred the charge of family court matters and thus he assumes authority of Family Court for that district as is governed accordingly to FCA.

And hence all appeals lie only in high Court/HC and not in district Court/DC.

And any order passed under Sec 24 or 26 of Hindu marriage act is NOT APPEALABLE in the first place.

It is an interim Order and adjudicated by FC.

Only a writ petition vide art. 226 of COI and/or civil revision vide art. 227 of COI is maintainable, subject to such cogent grounds needed for the same..

So if you intend to assail the order made u/s 24 of HMA then you only can file above before HC only.

This is all well settled now.

And now a days such writs/civil revisions get dismissed as people wrongly think of it as a forum to 'appeal'.

Appeal and writ jurisdiction are meant for different purposes.

So don't waste money, instead pay as per the Order and have peace of mind.