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Srinivasan (IT)     19 November 2014

Appeal to supreme courts from high courts

Weather all the verdicts from high court will be accepted by supreme court in family matter cases?



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 3 Replies

Uttam Maheshwari (Associate)     19 November 2014

Dear Srinivasan,

After the Hon'ble High Court finally decides the matter arising out of Hon'ble Family Court, the Special Leave Petitions are filed before the Hon'ble Supreme Court. At the threshold, it is examined by the Hon'ble Supreme Court whether any fundamental mistake is committed by Hon'ble High Court or not. Only when it is satisfied that grave injustice would be caused to the Appellant, does the Hon'ble Supreme Court entertains such cases.

Best,

Uttam Maheshwari, Advocate

Adv k . mahesh (advocate)     19 November 2014

not all cases will be entertained in the supreme court 

in most of the cases no such application is made by the aggrieved party before the High court and therefore in such cases, if aggrieved party intends to agitate the order / judgment of the High Court before the Supreme Court, then it can be done by way of filing a Special Leave Petition under Article 136 of the Constitution of India. The limitation for filing of SLP is 90 days from the date of the High Court’s order. The time taken by the Court from the date of filing of application for certified copy of the order till the copy is ready for delivery is excluded from the computation of the period of limitation

Srinivasan (IT)     19 November 2014

Suppose a wife left matrimonial home on her own with out any issues just going with her parents after writing in the police station registrar  that " I am going to my home with my parents as my own wish with the permission of husbands parents" which is duely signed by wife, her father and my father.

After this she is filing crpc125 maintence telling that my husband avoiding me. I cannot stay with husband & he is earning 1 lakh  and I need 30 thousand maintence monthy.

If in this case family court judge is asking husband how much you can pay? Husband is telling that I had filed RCR, she left my home by own her own.

Suppose if the judge finally given verdict to pay 4000/- monthly maintenance can I go for appeal in High courts as well as supreme court on this verdict?


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