Srinivash (nbvbvbbvbv) 25 June 2013

Can caveat be filed in high court for family court order

My wife filed 2 cases in Visakhaptnam Family Court for divorce and maintainenance seperately in 2011. I'm representing the case in person. The maintainenance case was dismissed by the court with judgement/ORDER as the desertion was not proved by her and I'm willing to maintain her. The divorce case is still pending and the trail is not yet started. Can she apporoach to High Court for appeal for maintainenance and can she ask for interim relief??? Do I need to file a CAVEAT in High Court for not granting the interim relief w/o my knwoledge ?? Can I file the CAVEAT in person???

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(Guest)

@Querist,

You need to wait for the judgement of the trial court.The purpose to file Caveat is to prevent other party to seek relief without giving notice to the winning party and thereby let the other party not to take advantage of making an early strategy.

Further...{Only if a genuine need arises thereof}

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 25 June 2013

Dear Querist

caveat Petition can be file in civil matters only and not in criminal matters, if the maintenace petition has been filed u/s 125 of Cr.PC then you can not file Caveat petition before High Court or any other courts too. but if she filed maintenace u/s 24 of HMA then you can file the Caveat Petition.

148A. Right to lodge a caveat.

¹[148A. Right to lodge a caveat.

(1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1).

(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.

(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator's expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.]