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sai narayana   30 December 2016

Appeal/Writ against S24 Interim maintenance order

I had applied for order copy in family court. It's in process. 1) After receiving it, within how many minimum and maximum number of working days, we can complete the filing process. And any rough estimate of time required to complete the filing? 2) My advocate duped me by removing crucial enclosures like my pay-slip etc, thus I got very unfavourable order in family court. Can we enclose these missing evidentiary documents in appeal/writ? 3) My wife concealed some material facts related to case, these are easily identifiable by just a eye look at my enclosed documents but the judge ignored them completely inspite of my vehement pleadings. 4) Amidst the above scenario, Shall I file Appeal under 19(1) of family court act (or) writ under Article 226/227. 5) certified copy of interim maintenance order is enough or copies of all the proceedings are required? How many such certified sets are required to file Appeal/writ in A.P.High Court?


Learning

 8 Replies


(Guest)
Originally posted by : sai narayana
I had applied for order copy in family court. It's in process.
1) After receiving it, within how many minimum and maximum number of working days, we can complete the filing process. And any rough estimate of time required to complete the filing?

2) My advocate duped me by removing crucial enclosures like my pay-slip etc, thus I got very unfavourable order in family court. Can we enclose these missing evidentiary documents in appeal/writ?

3) My wife concealed some material facts related to case, these are easily identifiable by just a eye look at my enclosed documents but the judge ignored them completely inspite of my vehement pleadings.

4) Amidst the above scenario, Shall I file Appeal under 19(1) of family court act (or) writ under Article 226/227.

5) certified copy of interim maintenance order is enough or copies of all the proceedings are required? How many such certified sets are required to file Appeal/writ in A.P.High Court?

Take one old hawai chappal and hammer him right inside court premises till hawai chappal gets torn.

420s like these deserve no better.

Doing like that is against law.  So dont do it.

You could have done the following also instead of going for revision petitoin or writ petition in HC.

Go to bar council, meet president, give written complaint against him.  Give written complaint against him to District Judge stating the same.  Follow up the case.

Sec 24 is for alimony only till pendency of the case, so it wont last till long.  Courts are leniet towards woman.  Even if you had given your payslips and she had told her income details to court, court still would have granted something in form of maintenance.

So, if the amount is not huge, anything less than 4000 per month, dont go for appeal,  Just let the amount pile up, make her run to court for another 3 years without paying a penny.  The moment you pay or panic or let her know that you got scared, she will file few more cases, do like this and she will come to the table for settlement, throw money and take mutual divorce.

Or else just wait for 1 year, file change in circumstances application in same court to reconsider the evidences that your great lawyer did not file.  The alimony ordered holds good for period of 1 year only from date of application, at end of one year you file change in circumstances application to either dismiss her 24 case or reduce the amount which it has ordered, in any case dont file anything if amount is less than Rs 4000/-  Do all this circus only if amount is more than Rs 4000/-.

Dont worry.  Keep me updated, take down my email ID just in case you haev any further doubts.

Sachin (N.A)     30 December 2016

I don't think that going to HC will benefit you. Because HC may ask you to clear some dues before hearing the present revision.

So, i stick to my previous advice  that you should file review petition before the same court under section 114 order 47 Rule 1 CPC

As per your question that whether to file revision or appeal in HC. The orders passed under section 24 are interlocutory orders. hence appeal may not be maintanable, so you will have to file a writ petition under Article 226/227 in High court.  

sai narayana   30 December 2016

Sachin, Judge not admitted my review Petition with words "on whom suggestions you are following I don't know and the said order 47 rule 1 is for correcting errors only, go and appeal in appealing authority" Dear Helping Hand, My wife pleaded my salary as 60k and maintenance claimed is 15k. My salary is 33/35k only, but my lawyer removed my enclosures so no evidence was marked on any side and judge passed the full claim i.e.15k p.m. without saying anything about how much salary I am earning and how many dependents I had. Out of my 33k salary, after paying 15k to my wife (who don't have any rent burden as she is with her parents), I will be left with 18k, the rent itself is 8k for me, so I will be left with only 10k within which I have to meet living expenses of myself, dad & mom and court cases expenses too. So appeal is inevitable otherwise I have to beg on road.

(Guest)
Originally posted by : sai narayana
Sachin,
Judge not admitted my review Petition with words "on whom suggestions you are following I don't know and the said order 47 rule 1 is for correcting errors only, go and appeal in appealing authority"

Dear Helping Hand,
My wife pleaded my salary as 60k and maintenance claimed is 15k. My salary is 33/35k only, but my lawyer removed my enclosures so no evidence was marked on any side and judge passed the full claim i.e.15k p.m. without saying anything about how much salary I am earning and how many dependents I had.
Out of my 33k salary, after paying 15k to my wife (who don't have any rent burden as she is with her parents), I will be left with 18k, the rent itself is 8k for me, so I will be left with only 10k within which I have to meet living expenses of myself, dad & mom and court cases expenses too. So appeal is inevitable otherwise I have to beg on road.

Appeal wont be useful in your case.  As this is sec 24.  As I already told it is only interim in nature, and respondent has all the right to go for change in circumstances at end of 1 year, as order holds good for 1  year only.  This has to be done in lower court itself.  HC wont interfere in lower court order as it is interim in nature.  Lower court, ie family court itself has power to readjudicate its own order, so you may give such application at end of 1 year, if one year has already passed, wait till 1 year completes and then give application at the end of such period.

Money due will have to be paid, until new orders are made.  Dont listen to people who will simply suggest anything regarding going for appeal in HC.  In turn, HC might just increase the orders that LC has given.  Collect proof about wifes income.  Give application to FC asking appointment of Court Commisioner who will look  into the matter and gather evidences about wifes income + bank balance and Fixed assets.  CC's report even Hon SC cant overlook.  Dont go for private detective or run behind pan card details etc.  Just give application for appointment of CC.

Sachin (N.A)     30 December 2016

Don't even think to pay this amount for one year, it will ruin your case, if you can pay for one year why not after that.

In my view you donot have any option except to file writ in HC.

LegalFighter (test)     05 January 2017

Only after one year of non payments of maintenance, your wife can go for execution. Wait till she gets arrest warrant and pay half the amount of one year arrears in HC to get stay for arrest. Now wife has to go HC to get that amount after all govt formalities

sai narayana   07 January 2017

Dear friends and experts, If I don't file writ/Appeal, they will ask for my salary attachment by filing E.P. (Execution Petition) for sure. The date of order is 11.12.16 and it's w.e.f. 09/05/16. I had applied for order copy on 27/12/16 and it was typed and signed by judge on 01.01.17. So how much breathing time I have in my hand to file writ in H.C. before my wife go for Execution Petition. Sachin, do you have any format of Memo to be filled in lower court to intimate the filing of writ. Is this memo sufficient to stop payment/E.P. (or) do I need to obtain any interim stay order from H.C. During the course of Appeal/writ on I.A., what will happen to main OP the divorce case, it will proceed or halt?

Manish   23 June 2018

family court pass interim maintenance order. so i file FCA in Highcourt in person. i get relief in high court by filing CA. after received reply from  my wife i also attached rejoinder. after one year my wife advocate says that there is technical error please cancel FCA and pass old family court order. 
i need procedure to convert FCA to WP.
please contact me on 9220976832


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