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gdk (student)     23 July 2010

condonation of delay & appeal

my husband after 5 months of maintenance order went for condonation of delay, msj has granted condonation and ordered him to pay half amount of maintenance from this month.

after taking condonation, he is not going for appeal.

my arrears he has not paid.

what to do? is there any time limit within which he has to go to appeal? because it is beneficial to him to not to go to appeal as he is not paying arrears, only half amount of maintenance. so he will not go for appeal.

is there any rule, condition that in this much time you should go for appeal in dvc.

In this situation, what is appropriate for me to do?

needful.



 2 Replies

Arup (UNEMPLOYED)     23 July 2010

you may pray for full maintenance where your case going on.

you may oppose - the condonation of delay.

read dv act.

mr d arun wrote two good item on dv act, go through it. your doubts will be cleared. it is available in family law section.


(Guest)

@ Arup ji ha ha quoting me vis a vis author's nature of query

 

However,

1. It looks case of delay in meeting EP payments to JD. So he filed an Application for Condonation of delay when EP came up for hearing to meet JD arrers which was allowed by MM with opportunity to Appeal before Appelate Court in 30 days (indirectly those 30 will be calulated keeping in view certified copy of impugned Order too which he might have prayed while pressing his Application for Condonation least Protection Order is defied and he is asked for fine and or imprisionment.  


2. All he has to do now is Appeal under S. 29 DVA to against int. reliefs granted in your favor that included some maint. reliefs within 30 days. Now you further say that trial Court asked him to meet 50% so that Condonation could be accepted on JD EP non payment of arrears. It seems your side dinot not object then so his Application for condonation that is why it was allowed at trial Court stage. 

 

3. Now second limb here is that neither he paid 50% before trial Court as directed by trial Court nor he seems to Appeal to Appelate Court (which is your aprehension here). From all this what I feel missing is that date / month / year not mentioned by you in abv. post i.e date / month / yar when condonation allowed by trial Cour so that somebody here give you a remedy !

 

So for you the most appropriate thing to do is to dig in from certified copy of last Order and mention the full date of Order to give further suggestion by Ld. members.

Rgds.


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