LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahul Goyal   31 July 2023

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

Can maintenance be sought directly in High Court without any trial court proceedings?

There are no proceedings of 125 CrPC, or HMA 24 regarding child maintenance in trial court. No income affidavit filed as per Rajnish vs Neha Judgment. Additionally the said demand for maintenance has been filed by way of application in Appellate Court in a pending guardianship appeal.

moreover the judgment Rajnish vs Neha clearly says that maintenance is from the date of order or date of application. Whereas what has been prayed is reimbursement of all expenses of child prior to filing of application, and additionally bearing all further expenses without the other contributing a penny.

The appellate Bench of High Court does not have Original Jurisdiction. So no direct approach to High Court is possible in matters where specific provision of law exists for going through the trial.

Above all, the High Court is allowing such illegal acts in blatant violations of law. What recourse to be taken to expose all these illegalities, the type of favors being provided to the litigant by High Court judge?

 

 



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     31 July 2023

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 

Rahul Goyal   31 July 2023

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

Dr. J C Vashista (Advocate and Legal Consultant)     01 August 2023

@ 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.

J. Punarvee Sandesh   01 August 2023

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.

Rahul Goyal   01 August 2023

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.

 

P. Venu (Advocate)     01 August 2023

You are yet to post the facts!

Rahul Goyal   01 August 2023

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

Sanjana Mohanty   03 August 2023

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.

 

 

Kivi Assumi   05 August 2023

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


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register