Unnecessary complications


Sir,

Wife filed DV case against husband u/s. 12 r/w. 18, etc. of the Act

JMFC allowed ex party interim reliefs in application u/s. 23(2) of the Act filed by wife

Husband filed application u/s. 25 of the Act for modifications in the Ex-party-Order

JMFC  (new presiding officer) allowed application u/s. 25 of the Act filed by the Husband (called Impugned Order) and fixed hearing on next date on the same application u/s. 23(2) of the Act which had been filed by Wife  


On next date wife was absent and Husband made arguments on that application u/s. 23(2) of the Act and the matter was directly kept for Order on application u/s. 23(2) filed by Wife


In the meanwhile Wife preferered appeal in time u/s. 29 of the Act before District Court against Impugned Order passed by JMFC in application u/s. 25 of the Act filed by the Husband 


Wife filed pursis before JMFC and informed that she opted for Appeal before District Court against impugned order passed by this Court on application u/s. 25 of the Act and hence it is reasonable to defer any hearing or order on application u/s. 23(2).


In spite of that JMFC passed Order on application 23(2) filed by Wife this order is detrimental to the interest of Wife


 
Query

Whether  JMFC should have not waited when it was informed that Appeal against the concerned impugned Order has been filed ?


Now what is the status of Appeal which was preferred to quash impugned order and consecutively to dircet JMFC to continue to hold good the aforesaid ex party interim order and not to hear opponent on application u/s. 23(2) of the Act filed by wife .


PLEASE guide 

HARIOM

 
Reply   
 

How could she file an Appeal?

There was no Order.    Only was the Application allowed and date fixed for a mere hearing.

 
Reply   
 



Dear shri Reddi ji

Actually the  JMFC passed Order on application u/s. 25 filed by Husband and revoked the ex-party-interm Order previously passed by it u/s. 23(2) of the Act and kept the matter for hearing on Application u/s. 23(2) filed by Wife for ex party Order

regard

HARIOM

 

 

 

 

 
Reply   
 

Mr tarachand r u from Mumbai.?
 
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