Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Victim of Greed (Worker)     14 June 2013

About interim maintenance order for her

Hello,


An interim maintenance order under domestic violence act of Rs. 3,500/- per month is passed for her on 12th April 2013 at the Megistrate court first class at Kalyan. As per limitations act, I will be applying for revision petition at the Trial Court in Thane before 12th July 2013 (i.e. 90 days).

I have a court date on 17th June at the Kalyan court for argument on evidence which she had filed for permanent maintenance order under DV act.

My question is, can I tell kalyan court that I will be filing for revision petition at the trial court ?



Learning

 11 Replies


(Guest)

Yes. you can.

1 Like

Victim of Greed (Worker)     14 June 2013

Thank you Helping Hand....

So, that means, once i tell Kalyan Court that I will be filing for revision petition at the trial court, then all proceedings related to this petition will be done in the Trial court itself...right ??? Kindly confirm !!!

Adv k . mahesh (advocate)     14 June 2013

trial court only listens about your revision petition regarding maintenance to decrease or to keep as it is 

but the kalyan court will give time 

Victim of Greed (Worker)     14 June 2013

Hello Mr. Mahesh,

I am sorry but I did not understand bythe statement :-

But the kalyan court will give time ?????

-- Does that mean that Kalyan court will keep this petition unless Trial court decrease/cancel or keep the order as-it-is ?

-- Does that also mean that after the trial court pass an order on revision petition, then Kalyan court will run permanent maintenance case ? Or is it possible that the trial court itself will decide a permanent maintenance order and I will not have to go back to the Kalyan Court for this case ?

Adv Archana Deshmukh (Practicing Advocate)     14 June 2013

@ victim of marriage aka rugved,

 

My sincere advice to you and to all who aspire to contest their cases in person: Buy and read books or take advice of some practicing advocate before rushing in front of the court in your zeal to handle the case in person otherwise you will end up losing even on technicalities...................

Why you are filing a revision against interim order passed under the domestic violence act..........?? It should be an appeal...

Maintainance orders u/ S. 125 crpc and DV act are not one and the same... They both are different laws. 

1 Like

Victim of Greed (Worker)     15 June 2013

Thank you Archana Ma'am,

Kindly apologize for putting up words incorrectly.

I would like to frame my statement as :-

"An interim maintenance order under domestic violence act of Rs. 3,500/- per month is passed for her on 12th April 2013 at the Megistrate court first class at Kalyan. As per limitations act, I will be applying for an appeal at the Trial Court in Thane before 12th July 2013 (i.e. 90 days).

I have next court date on 17th June at the Kalyan court for argument on evidence which she had filed for permanent maintenance order under DV act."

Now, my question are :-

-- Can I tell kalyan court that I will be filing for an appeal at the trial court before 90 days ?

-- Will Kalyan Court dismiss the case as I will be appealing at the Trial court ?

-- Or, is it advisable to wait for the kalyan court to pass a final maintenance order and then appeal to the Trial court ?

Adv Archana Deshmukh (Practicing Advocate)     15 June 2013


 

Incorrect statement……….

 

Incorrect wordings in the queries also........... Appellate court is not the trial court..



 -- Can I tell kalyan court that I will be filing for an appeal at the trial court before 90 days ?

No. The limitation for filing of appeal under DV Act is 30 days from when u received the order copy.


-- Will Kalyan Court dismiss the case as I will be appealing at the Trial court ?

Not at all.


-- Or, is it advisable to wait for the kalyan court to pass a final maintenance order and then appeal to the Trial court ?

Not advisable, if the overall total maintainance is excessive. You should challenge it now.


My advice:- File an appeal IMMEDIATELY along with delay condonation application in the Thane Sessions court.

 

1 Like

(Guest)

^ ^ ^


Agree with Adv Archana.

Victim of Greed (Worker)     15 June 2013

many thanks once again Adv. Archana.. My final question is, while filing an appeal at the trial court, do i have to affix Rs. 10/- court fee stamp to my appeal ? Or do i need to type on rs. 100/- stamp paper ? Apart from this, are there any court fee charges while appealing at the trial court while filing the case ?

Adv Archana Deshmukh (Practicing Advocate)     15 June 2013

No need to type on 100 rs stamp paper. Affix 10 /- Rs stamp to the appeal memo.

 Rs. 50/- process fees per respondant.

1 Like

Victim of Greed (Worker)     17 June 2013

Many thanks once again Archana ma'am,

Request you to please confirm the following address :-

The Principal District & Sessions Judge

Opp collector office,Adv prabhakar Hedge Marg, Tembi Naka, Thane,Mumbai, Maharastra

Phone No.022 25474574


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query