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Victim of Greed (Worker)     04 June 2013

Appeal to dv maintenance order

Hello,

An Interim maintenance order of Rs. 3,000/- was passed for her as she had filed a petition under DV Act at the Megistrate court, Kalyan, Maharashtra. I would like to appeal to the Mumbai high Court.

Just to summarize you, This order was passed on 11th March 2013 and I got the same in my hand on 12th April 2013 (date of delivery is also mentioned in the order). As per limitations Act, I should appeal on or before 12th May 2013 but the court was closed for Summer Vacation. The court will reopen on 10th June 2013. I would not be able to appeal on 10th June but will do it ON or BEFORE 22nd June.

Do I need to attach Con-donation of delay letter alongwith my appeal ?



Learning

 4 Replies

Rajeev Kumar (Lawyer/Advocate)     04 June 2013

Yes you should attach condonation of delay petition along with appeal.
1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 June 2013

where there is sufficient cause shown and the application for condonation of delay has been moved for bona fide reasons, the court would normally condone the delay but where the delay has not been explained at all and, in fact, there is inordinate delay coupled with negligence or sheer carelessness, the discretion of the court in such cases would normally go against the applicant.

Dev (xxx)     04 June 2013

Can wife file DV/498 case even after staying apart for 1.5 years?

Can she file DV/498 even after 7 years of marriage?

Victim of Greed (Worker)     04 June 2013

Thank you Mr. Rajeev Kumar.

I would mention in the con-donation of delay letter that a delay of 10 days is occured to collect all necessary evidence.

I hope this should give a favourable response.


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