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Victim of Greed (Worker)     06 July 2013

an appeal against interim maintenance order nt allowd

Hello... Please advice me asap... I need your expert advice. Its regarding interim maintenance order passd by the judicial magistrate first class court at kalyan under DV act. I was about to appeal to the district sessions court at kalyan but 3 local advocates told me you cannot file an appeal on interim maintenance order.. You will have to wait for the final order and only then you may appeal ? Is it true ? Just for your info, she has filed DV case against me after 3.5 years of living seperately.. I already have judgements for limitations act of 1 year which was passed by mumbai high court and supreme court. As per your advice, i went to principal district and sessions court at thane for application of appeal but the officer told me to apply at the district sessions court which is at kalyan... And today when i went there to apply to ask local advocates about court fee stamp, 3 advocates who were senior told me you cannot appeal for interim maintenance. Wht do i do know ? Humble request to please help me.


Learning

 11 Replies

Victim of Greed (Worker)     06 July 2013

Also to add, an order was passed of rs. 3000 as against my salary slip of 8500 at kalyan court for her and 2500 was passed for minor at the family court. So total i need to pay 5500 against my salary of 8500 inspite of giving evidence of my salary certificate.

Adv Archana Deshmukh (Practicing Advocate)     06 July 2013

Kalyan is a taluka place, generally there are only JMFC courts at taluka level. But if it had ASJ court there, then there was no need for you to go to Thane. Taluka places where there are  no ASJ, the appeals have to be filed in the dist place. As far as the advice about no appeal against interim order of dv is concerned, then I absolutely do not agree with it. However I am pretty sure that you must have committed some serious technical blunders in filing also.

2 Like

Victim of Greed (Worker)     07 July 2013

Many thanks Archanaji... The local lawyers did not even have a look at my appeal application and they were so confident about no appeal is possible for interim maintenance order under DV.... Anyways, Can you tell me how much is the court fee ?

Victim of Greed (Worker)     07 July 2013

Also, would like to ask you after appealing to the sessions court against interim maintenance order passed under DV act, will the judicial magistrate first class court at kalyan be still running the  case simultaneously ?

Adv Archana Deshmukh (Practicing Advocate)     08 July 2013

Affix a 10rs court fee stamp to the appeal memo and you will need 50 rs cf stamps for process fees.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     08 July 2013

And yes, even if you file an appeal against the interim order, the main petition in the JMFC court will continue.  You need to fight it properly otherwise it will prove very costly to you considering the amount of interim maint. awarded and your salary. So, don't take it lightly. Also file for stay to the interim order in the appeal.

1 Like

Victim of Greed (Worker)     09 July 2013

Affix a 10rs court fee stamp to the appeal memo and you will need 50 rs cf stamps for process fees.

 

Thank you Archanaji,

So, that means I should affix 50 + 10 = 60 rs. court fee stamp to the appeal memo ...right ?

Adv Archana Deshmukh (Practicing Advocate)     09 July 2013

Wrong........ read again, better take the help of some local advocate and ask him about the filing procedure. Show him the file and request him to do the needful corrections. Do not make any mistakes. 

1 Like

Vijay (law student)     22 September 2013

Hi,

1.  Can I have the judgements for limitations act of 1 year which was passed by Mumbai high court and the supreme court.

2. Before which Court do I have to file the petition challenging the petition U/s. 12 of DV Act on issue of limitation?

3. Before which Court do I have to file an appeal challenging the interim order passed by the Ld. MM, Saket Court, Delhi.

Thanking You, 

Victim of Greed (Worker)     23 September 2013

Hello Vijay,

Please provide me your email address.

Will send you original softcopy of both the judgements. Also, just for your info., Supreme court judgement regarding limitations act is not upto the mark AND Mumbai High Court judgement is now been appealed at the supreme Court BUT as on date, you may refer to mumbai high court judgement.

Vijay (law student)     16 November 2013

Dear,

Its looks like even I am sailing in the same boat as you. I thank you for your quick and lightning response.


I sincerely apologize that I could not respond to your e-mail due to unavoidable circumstances and reasons beyond my control.


Sir my e-mail ID to enable you send me the soft copy of the relevant judgements is talk2vijay@rocketmail.com.


Kindly do the needful and oblige.


Thanking You,
With Regards,
Vijay.


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