Can maintenance be sought directly in hc without any trial court proceedings

Your allegations are wild without any reference neither you have given the details nor you have mentioned that you have suffered,  hence without proper information no opinion can be suggested 

If you haven't understood what is written, then don't misguide people. We see that your replies on every query are only to find faults with others.

There are better lawyers who would appreciate the issue and suggest remedies as per law

@ Rahul Goyal,

Facts posted are not clear, can you redraft and post ?

Your comments on the response of a senior experts, who is doing a great social service, are not appreciated, please avoid use of such derogatory remarks.

In general, maintenance cannot be sought directly in the High Court without any trial court proceedings. The High Court does not have original jurisdiction in matters of maintenance, and so a party must first go through the trial court process before they can appeal to the High Court.

However, there are some exceptions to this rule. For example, if the party is seeking maintenance under Section 125 of the Code of Criminal Procedure (CrPC), they can file a petition directly in the High Court if they have already filed a maintenance petition in the trial court and the trial court has not yet issued an order.

In the case you have described, it seems that the party is seeking maintenance under Section 125 CrPC, but they have not yet filed a maintenance petition in the trial court. Therefore, it is unlikely that their petition will be successful in the High Court.

If you are concerned about the illegalities that you have described, you should consider filing a complaint with the High Court's Chief Justice. You can also file a writ petition in the High Court challenging the legality of the High Court's order.

Dear Punarvee Ma'am

The maintenance in High Court has been sought under S 12 of GWA. How is S 12 GWA for maintenence? It is for interim custody of minor. There are no proceedings for 125 CrPC or hma 24 in trial court for maintenace of child.

Still High Court is allowing the said application.

What is the remedy now? For every illegality of High Court, if I file SLP in SC, that is not possible.

Writ in High Court is not possible since the orders of Divisional Bench are not challengable in Writ Petition in High Court.

Please suggest.

 

You are yet to post the facts!

Mr Venu, Query is very clear. Those who have understood have answered. Please excuse us from any further posts on our queries. Thank you

Maintenance cannot be sought directly in the High Court without trial court proceedings. Specific provisions like 125 CrPC or HMA 24 are needed for child maintenance. Rajnish vs Neha judgment requires income affidavits. The appeal for maintenance is pending in the Appellate Court during guardianship appeal. High Court's appellate bench lacks original jurisdiction. Seek legal advice for appropriate recourse.

 

 

Be sensible in making any adverse remarks against the experts, who are acting as Social Engineering. for the people.