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Amita   24 May 2017

Question re: family court order and appeal

Hello. If one wants to challenge the order of the Family Court (Interim Maintenance under Sec. 24, HMA) before the High Court, do we just need to file our petition (application/appeal) along with the Certified Copy of the Family Court Order ? Will the High Court then call for all the relevant records from the lower court ?

OR, do we also need to file ALL the relevant documents that were filed before the Family Court, i.e. the original application for the Interim Maintenance, the reply by the other party, List of Documents from both sides, written arguments, etc. ?

Thanks

 

 



Learning

 9 Replies

Ms.Usha Kapoor (CEO)     25 May 2017

Yes!You need to file all the documents before the  qppellate court/JHioghcourt which you've filed befre the family court.

Martin Sooji (Advocate)     25 May 2017

Originally posted by : Amita
Hello. If one wants to challenge the order of the Family Court (Interim Maintenance under Sec. 24, HMA) before the High Court, do we just need to file our petition (application/appeal) along with the Certified Copy of the Family Court Order ? Will the High Court then call for all the relevant records from the lower court ?

OR, do we also need to file ALL the relevant documents that were filed before the Family Court, i.e. the original application for the Interim Maintenance, the reply by the other party, List of Documents from both sides, written arguments, etc. ?

Thanks

 

 

Oral submission shoudl be enough.

Amita   25 May 2017

Apologies but the replies above seem to contradict each other. Seniors/Advocates, any thoughts on my questions ? Thank you.

victim (master)     25 May 2017

filing all relevant documents wich were part of record in lower court is always considered to be a wise act as it will save valuable time of court in recalling the entire record from lower court and also help the judge of high court to quickly refer to all documents and this will surely improve chances of granting stay order on lower courts order, if properly prayed and argued.

1 Like

(Guest)
Originally posted by : Amita
Apologies but the replies above seem to contradict each other.

Seniors/Advocates, any thoughts on my questions ? Thank you.

It is left to discretion of court.  Thats the reason why replies look contradictory.  Both are correct.

Whatever might be the case, sort matter amicably. Litigation only prolongs justice.

1 Like

sai narayana   26 May 2017

check your high court website, or contact any filing clerks sitting in the vicinity of high court or contact the filing section personnel in the high court for full clarity.

In Delhi you need certified copies of all whereas in A.P., the certified copy of order is enough for filing. But you have to keep ready with you all the required documents on hand for any necessity viz. S24HMA application & its counter, main OP petition & its counter.

sai narayana   26 May 2017

Originally posted by : Rohinia Bopaiah



Originally posted by : sai narayana



check your high court website, or contact any filing clerks sitting in the vicinity of high court or contact the filing section personnel in the high court for full clarity.

In Delhi you need certified copies of all whereas in A.P., the certified copy of order is enough for filing. But you have to keep ready with you all the required documents on hand for any necessity viz. S24HMA application & its counter, main OP petition & its counter.





ur only like this..



and u giving solution to others? 

what about you? maybe you don't know yourself :-)


(Guest)
Originally posted by : sai narayana
check your high court website, or contact any filing clerks sitting in the vicinity of high court or contact the filing section personnel in the high court for full clarity.

In Delhi you need certified copies of all whereas in A.P., the certified copy of order is enough for filing. But you have to keep ready with you all the required documents on hand for any necessity viz. S24HMA application & its counter, main OP petition & its counter.

I agree with Ms Roshinia Bopiah advocate, you are here to seek solution and you giving solution to others?  first wash your bum then look at others bum. isnt it?

Kunuthur Srinivasa Reddy   20 July 2017

The clients should be more alert, active and informative than the counsels in India as the counsels do not find time to spend on your issue as they are to attend on number of clients simultaneously running from one court to the other like doctors in hospitals. I had a personal experience as a client when I informed the Judge that the other party's cousel did not serve me a copy of the petition filed for maintenance and wanted to mislead the Judge by requesting to pass an exparte order and grant maintenance. Fortunately, the Judge realized the truth and set aside the petition for maintenance. My cousel failed to appear before the Judge that day and I as the client had to appeal to the Judge exposing the mischief of the cousel of the opponent client.

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