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(Guest)

Dvc interim maintainance-urgent please help

DVC filed for Maintainance(50K),Residence Order,Protection.

Today,Judge told to bring advocate on 17th of this month as he wants to pass Interim or final order(Not sure).

We are preparing for an appeal in High court for stay on proceedings or for stay on the order.She is an Engineer and worked as software Eng before 6 months she planned for filiing DVC.Even i can prove her qualification/Employment Experiences.

1.What are the chances of getting Stay in High Court ?

2.If Judge has passed the order ,How much time will we have for appealing in High Court?

3.Can we request the judge one more date for passing Order as my lawyer may not appear on 17th as my lawyer would be out of station?



Learning

 5 Replies

S P SRIVASTAVA (ADVOCATE)     14 June 2013

If you prove  her employment and income then  enough chances are there for succeeding in high court. Limitation for filing appeal is 30 days.yes, you can request the court for another date on the ground of non availability of your lawyer.

Anis (Asst. Manager - Sales)     14 June 2013

Is she working now. Do you have her prrof of income of IT Returns of Provident Fund details. I will suggest don't go to the high court as it will be a waste of time money and energy. High Court will direct you to go to the court where the case has been filed and produce your case there. 

If you have the proof of her employment then tell your lawyer to prepare the papers alongwith the Exhibits and even you can submit the document in court on the next date even if your lawyer is not there. HC will generally not give stay as it is a matter of DV Act which is heavily balance in favour of women.

You should fight the case on merits in lower court where the case has been filed.

Advocate Deepak Gupta (Lawyer)     14 June 2013

1: As per your content judge pass intrim order not final order on coming hearing date  . Appeal in HC is not maintable . At present no order passed by judge so you dont have any locus standi to file appeal , for filing appeal order is compulsory .  File appeal in Session court  . Submit entire document on next hearing date in court , if your document and her salary is true , then she is not entitle of any maintenace .  

stanley (Freedom)     14 June 2013

@ author 
Section 29 in The Protection Of Women From Domestic Violence Act, 2005
29. Appeal.- There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later. CHAPTER V MISCELLANEOUS CHAPTER V MISCELLANEOUS
Now file an application in the court on the 17 th stating that your lawyer is out of station and to adjourn it for a next date . The judge should accept your application for an adjournment . Have you sumbitted your ws ??
Rest of the things you can sumbit on the date fixed 

(Guest)
We got stay on DVC from high court before the interim order for maintainance has been passed in the lower court.Not yet recieved the Order copy.As per my advocate it will take one week to get the copy from court. In general,How long the stay on DVCs will be given?

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