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estranged wife (Housewife)     21 July 2017

Appeal of sec 24 order not mantainabl in rajasthan highcourt

1-Husband has filed divorce in Family Court Jaipur.

2-I filed Maintainance under sec 24 HMA. A meagre monthly amount which is 2 percent of my husbands salary was granted to me and child and that too from date of order.A one time amount of meagre one thousand rupees was granted as Litigation expense.(order was passed after 16 months of filing the application).

3-My Family court lawyer sent me to a Highcourt lawyer who filed an appeal.

4-After one and half year case was listed in Jaipur Highcourt as husband would not not take summon etc.etc.

5-I was present on that date in Jaipur highcourt.Opposite party lawyer said that appeal against against section 24 order passed by Family Court is not maintainable in Rajasthan Highcourt giving an example of a Judgement of Rajasthan Highcourt .My lawyer argued that it is an old judgement and said that appeal is maintainable in Madras Highcourt,Uttarpradesh Highcourt etc but Hon'ble Double Bench said that decision of other Highcourts is not binding on them.My lawyer asked for another date so that he can read further and discuss once more and a date was granted to him.

6-I dont know why my lawyer filed an appeal to challenge a section 24 order passed by Family Court Jaipur when he knew that in Jaipur Bench of Rajasthan Highcourt an appeal is not maintainable.He has told me on next date in Highcourt my appeal will be rejected.He said now you can file a fresh Writ Petition which will be filed in front of a single Bench.

7-I consulted one Highcourt lawyer of my state who said on next date ask your lawyer to request the Hon'ble Double Bench to consider this present appeal as a writ petition and transfer it to a single bench.However my Rajasthan Highcourt lawyer got upset when i told him this and said Hon'ble Double Bench will not consider it and again said your appeal will be rejected on next date.

Is my Rajasthan Highcourt Lawyer misguiding me?? He is a competant lawyer and has won many cases yet in my case he did this.He wasted my time and money.Do I still have any remedy left?? Why should clients suffer for the mistakes of their lawyers?? Please Guide!!!!



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 11 Replies

Siddharth Srivastava (Advocate)     21 July 2017

It is not fair to criticise the lawyer. Every lawyer try its level best to win the case. You have two option :- either to withdraw the present appeal with liberty to file a fresh petition or you may request the court to treat the petition in writ or any other provision of law as the bench may consider appropriate. If you are not satisfied with your present lawyer then you have option to change the lawyer.

1 Like

estranged wife (Housewife)     21 July 2017

30 day time period to challenge order is over.It has been one and half year.Can fresh petition be filed now??Also it means delay of another year to just file send notice and get it served before finally being listed,not to mention hefty fees of lawyer to be paid again.That is why this dissatisfaction with my highcourt lawyer else what personal enmity do I have against the lawyers...

Sachin (N.A)     21 July 2017

You may seek help from legal aid center, they will  provide you free lawyer.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 July 2017

The Rajasthan State Legal Services Authority came into existence on 07.07.1998 by notification issued by the State Government.Legal aid is an essential part of the Administration of Justice. “Access to Justice for all” is the motto of the Authority. The goal is to secure justice to the weaker sections of the society, particularly to the poor, downtrodden, socially backward, women, children, handicapped etc. but steps are needed to be taken to ensure that nobody is deprived of an opportunity to seek justice merely for want of funds or lack of knowledge. To ensure this the Authority organizes Legal Literacy and Awareness Camps in different parts of Rajasthan.

1 Like

Ms. Usha Hegde (CEO)     22 July 2017

Originally posted by : estranged wife
1-Husband has filed divorce in Family Court Jaipur.

2-I filed Maintainance under sec 24 HMA. A meagre monthly amount which is 2 percent of my husbands salary was granted to me and child and that too from date of order.A one time amount of meagre one thousand rupees was granted as Litigation expense.(order was passed after 16 months of filing the application).

3-My Family court lawyer sent me to a Highcourt lawyer who filed an appeal.

4-After one and half year case was listed in Jaipur Highcourt as husband would not not take summon etc.etc.

5-I was present on that date in Jaipur highcourt.Opposite party lawyer said that appeal against against section 24 order passed by Family Court is not maintainable in Rajasthan Highcourt giving an example of a Judgement of Rajasthan Highcourt .My lawyer argued that it is an old judgement and said that appeal is maintainable in Madras Highcourt,Uttarpradesh Highcourt etc but Hon'ble Double Bench said that decision of other Highcourts is not binding on them.My lawyer asked for another date so that he can read further and discuss once more and a date was granted to him.

6-I dont know why my lawyer filed an appeal to challenge a section 24 order passed by Family Court Jaipur when he knew that in Jaipur Bench of Rajasthan Highcourt an appeal is not maintainable.He has told me on next date in Highcourt my appeal will be rejected.He said now you can file a fresh Writ Petition which will be filed in front of a single Bench.

7-I consulted one Highcourt lawyer of my state who said on next date ask your lawyer to request the Hon'ble Double Bench to consider this present appeal as a writ petition and transfer it to a single bench.However my Rajasthan Highcourt lawyer got upset when i told him this and said Hon'ble Double Bench will not consider it and again said your appeal will be rejected on next date.

Is my Rajasthan Highcourt Lawyer misguiding me?? He is a competant lawyer and has won many cases yet in my case he did this.He wasted my time and money.Do I still have any remedy left?? Why should clients suffer for the mistakes of their lawyers?? Please Guide!!!!

What is left to guide now?

You have followed procedure.

Your adv has also followed procedure.

I am begining to wonder from Family court to high court nobody suggested you to take back your 24 petition?

Dont tell me nobody suggested.  Someone might have suggested, you have contacted so many lawyers.  Did no one tell you, it was wrong to file 24 petition?

It might have so happenend, that in urgency or due to severe headweight, you would not have listened to this particular advice.

Now also it is not too late, you withdraw your 24 petiton which you filed in family court.  You also withdraw your appeal in HC, and apologize.

My advice:  You file section 9 petition in family court.  

2 Like

Susen Nath   22 July 2017

Criticitation is not fair thing.now u can go 13a or 13b under HM. Otherwise u should go 125 Cr P C and after that it may be upto 127. Pls note that all r good faith in ur jurisdiction.
1 Like

Adv Radhika Mehta (Advocate)     23 July 2017

There is no time limit to file a Writ Petition.  I would not completely blame your lawyer as many High Courts have taken different views as to whether an order under Section 24 is an Interlouctory order or a final order. In actuality, only a Writ Petition would lie. I would advise you not to lose hope and file a fresh Writ Petition and obtain a stay on the Family Court proceedings till the pendency and hearing of the same.  

2 Like

Adv Radhika Mehta (Advocate)     24 July 2017

@Advocate Rohini, firstly it is not a PETITION u/s 24, it is an Interim Application and against an Interlouctary order, only a Writ would lie.  Kindly read Sumit V/s Shraddha passed by the Bombay High Court (Nagpur Bench) in Writ Petition No. 3323 of 2015 (I(2016)DMC421Bom) to understand this better.  I am not someone who derives sadistic pleasure from misguiding people. 

Secondly, this is a forum for helping people.  I don't see the point in mocking someone or making fun of their miseries.  Lets be a human here atleast if not a lawyer. 

And lastly, i dont appreciate personal comments.  You may disagree with my advice but thats your problem.  Dont deride my advice without providing any solution yourself.  

2 Like

Ms. Usha Hegde (CEO)     24 July 2017

It is sad that instead of advising to join back husband, learned members are suggesting legal recourse.  

2 Like

estranged wife (Housewife)     25 July 2017

Thanks to all of you for replying..

Advocate Rohini, Advocate Radhika has already done the needful.Hope that serves you right.Nasty comments from the likes of you dont affect me at all.Nothing more to add from my side.

 

estranged wife (Housewife)     28 July 2017

After discussion on scheduled date and by the examples quoted by the opposite councel The Hon'ble Double Bench of Rajasthan Highcourt was of view that Appeal against a section 24 order is not mantainable however they took the difficulty and time delay in getting summon served again into consideration and were kind enough to accept my submission to consider this present appeal only as a writ petition after necessary correction by Registry !!! :))) :)))))

Thanks to all of you who responded to my query...Regards n Godbless...


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