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kishore kumar   19 March 2024

challenge of family court order

Respected Sir,
A District Family court award a decree on divorce application by husband.(wife & Daughter living with her parents without any valid reason since 2002.)
meantime mother and father both died and daughter in law didn't turned up to her husband.

family court levied a heavy maintenance on husband and husband is not in a position to give such big amount.

family court didn't consider ,husband's limited income, mental torture and problems faced by husband and his late mother father during crucial period of their life and struggled a lot.
Sir, please let me know :
1.Can revision application be filed in district Court?
2. if no relief from court, awarded money can give in part payment?
3. is Appeal in highcourt is last option?
4.or any other way to get justice in this case?
5. within how many days appeal in highcourt can be filed?
Thanks a lot.


Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 March 2024

As per 1996 rules framed by the Supreme Court:

  1. A review petition must be filed within 30 days of the date of judgment or order. While a judgment is the final decision in a case, an order is an interim ruling that is subject to its final verdict.
  2. In certain circumstances, the court can condone a delay in filing the review petition if the petitioner can establish strong reasons that justify the delay.

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

If you are aggrieved by the judgment of the family court then you can prefer an appeal before high court wihtin three months from the date of the judgment by the trial court 

You can discuss with your advocate of a high court lawyer and proceed as suggested 

Shashi Dhara   20 March 2024

File application in same court to reduce the maintenance if the court  dismiss petition approch high court.

kishore kumar   20 March 2024

Respected Forum members, Thanks a lot for your valuable advice. last question ; can hasband ask on revision application that Court did not consider 20 years separations period and husband and his old age mother father suffered a lot when they need support of daughter in law.
is it not comes under cruelty?
Thanks again .

Shashi Dhara   21 March 2024

File application  court may or may not consider it if it dismisses you have right to approach high court.

kishore kumar   21 March 2024

Respected Shashi Dhara Ji, Thank you Very much, regards.

T. Kalaiselvan, Advocate (Advocate)     22 March 2024

Aggrieved by the orders the aggrieved party can approach the appellate court for remedy by preferring an appeal. 


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