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Victim of Greed (Worker)     23 April 2013

Con-donation of delay letter format

Kalyan District Court has passed an interim maintenance order as she has declared jobless. I would like to appeal in the Mumbai high court as I know she is working in some organization. The order was passed on 11th March 2013 but the copy was handed over to me on 12th april 2013 (duly signed and stamped on 12th April). I am aware that as per limitations act, I should appeal to the High Court within 30 days which means I need to appeal on or before 12th May 2013. But to collect all necessary evidence, I MIGHT be able to appeal latest by 20th May 2013 (i.e. 8 days after due date). Do I need to submit con-donation letter for delay in the high court ? If yes, what reason do I have to mention ? Is it appropriate to mention that there was a delay to collect necessary evidence ?

Also, will you please provide me a specific format for the same ?

Thanks in advance !!!
 



 4 Replies

ajay sethi (lawyer)     23 April 2013

high court is closed for summer vactaion from 11th may on wards for a period of one month . the last court working day is 10th may . since your period of limitation expires on 12th may 2013 you cna file it on court reopening after vacation . you wont need condonation of delay application .

1 Like

Adv k . mahesh (advocate)     23 April 2013

yes try to garner the evidence wheater she is working and if you can with salary statement which makes anyway reduction of maintenance what lower court has ordered but in any way you have to pay her maintenance 

Victim of Greed (Worker)     23 April 2013

How am i liable to pay her maintenance if i prove that she is already working in an organization. she had previously applied for maintenance for herself at Bandra Family Court but she had lost the case because she had already declared that she was working in a reputed firm.

Now, after 2 years she has again filed for interim maintenance, but this time, at Kalyan Court stating that she is NOW jobless.

Also, will you please tell me from what date till what date in May '13 will the Mumbai High Court remain closed ?

Hilda Holder   15 February 2018

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