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Ms_Roz   09 June 2022

Can husband file second appeal against maintencance order suit filed under hama act

Hello,
1. The suit was filed in Hindu Adoption and Maintenance act claiming the maintenance from the Husband.
2. The magistrate court passed an ex parte maintenance order in favor of the wife.
3. The Husband filed the first appeal and it got dismissed.
4. Husband now to challenge the order of dismissal passed by the district session court against his first Appeal.
5. what remedy is available with the Husband?
1. Second Appeal before the?
2. Revision? before the?
3. Revise? before the?

Thanks



Learning

 18 Replies

Kishor Mehta (CEO)     09 June 2022

File an appeal in the Higher Court.

1 Like

P. Venu (Advocate)     09 June 2022

The second appeal would be entertained only if the appeal raises  a substantial question of law.

1 Like

Ms_Roz   09 June 2022

Before that what remedy is available when first appeal is dismissed.

Kishor Mehta (CEO)     09 June 2022

No law denies a person his legal right to appeal to a higher Court if he is not satisfied with the decision of the lower court. 

Ms_Roz   09 June 2022

Sir, Appeal is not legal rights or constituitional rights its only art of the process. You must go through the statutory to make such statement. Every order is not for second appeal .

Kishor Mehta (CEO)     09 June 2022

Thank you, it's just what I suspected. It is an academic query. 

Pradipta Nath (Advocate)     09 June 2022

1. Take adjournments.

2. File petitions in the same court while stating facts which are not executable in nature by the Magistrate Court. 

3. Sometime file lower the awarded amount to your wife. 

4. etc.

Dr J C Vashista (Advocate)     10 June 2022

What is your locus standi to the facts viz; husband, wife, counsel for either of them or an examiner ?

Ms_Roz   10 June 2022

I am LL.B Student. 

Dr J C Vashista (Advocate)     10 June 2022

Seek guidance of your professor / tutor / coach, as this platform is meant to help needy litigants.

Read conditions of this site.

Ms_Roz   10 June 2022

Why should student are ignored in such a manner by senior advocates ? .That reply makes no sense. I am student and I study case and try to help out needy with proper solution

 I feel I should have replied thw above as it is not related to any solution but only judgemental. 

Kishor Mehta (CEO)     10 June 2022

I believe everyone understands that It is not a good practice to offer an advice without knowing the matter in details. It is also not possible to state the entire matter on this platform, hence the advice offered can only be indicative and not exhaustive. Under the circumstances the Law students should not feel offended. 

Ms_Roz   10 June 2022

I said what is relevant. There is no need to put entire case proceeding onnet.  Law studebt have sense to put or ask only relevant questions before anyone. Legal knowlede is not bounded with age juniority or senioruty.  now if u dont have answer related to main topic kindly dont post your replies.  

Pradipta Nath (Advocate)     10 June 2022

Actually, even I also presumed that the query is of the husband or his sister's!

Thanks to Dr. Vashista for bringing out the facts. Without knowing the facts and circumstances from the party itself, any advice are indicative only. Please ask the husband to seek professional advice.


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