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Interim order in 125 passed after interim in hma24

Page no : 2

(Guest)

@ Fighting Back,

Through whatever cases she claim maintenance you have to counter the same by putting your first interim order copy and fight with the support of judgement of various SC and HC on the issue "No multiple maintenance by diffirent different courts"

If Iam not wrong then she can go another 3 more maintenance sections and claim the same but it's your Lawyer who has to argue on such point and dismiss such petitions.

stanley (Freedom)     19 September 2013

Judges do not lose anything while passing maintenance as its not going out from their pockets . Hence if a petitioner asks for maintenance under different sections such as HMA 24. CRPC 125 and the Domestic violence act the judges with pass maintenance under all the three sections if the respondent counsel remains silent about any interim maintenance order passed in any of the above sections .

Now the Catch in Shonee's post and the spin that  he has thrown being into intern advocacy  ;)

"You should have informed the latter court about the former order "   the advise given to you and which we are aware has not been done in your case and but natural to support  both the judgements passed. 

I can Forsee another maintenance order being passed under the DV act if your counsel does not intimate the court about the former orders being passed . Now appealing in the sessions court is not of much use since you would again spend you money and time in terms of lawyers fees as it is just a pittance ( Rs 1000) that has been issued which a Beggar on the foot paths earns in a day on CST Mumbai . 

Now that you are aware how to counter the same its high time to educate your lawyer about the same . 

" I do understand that you are unable to attend the hearings due to the distance you have to travel such things  are bound to happen  hence the other way round would be to submit your argument in writing as well as submit certified copies of the previous orders passed by way of application "  which would form materials records of the court and would be useful when countering the opponent . 

 

 

 

stanley (Freedom)     19 September 2013

Judges do not lose anything while passing maintenance as its not going out from their pockets . Hence if a petitioner asks for maintenance under different sections such as HMA 24. CRPC 125 and the Domestic violence act the judges with pass maintenance under all the three sections if the respondent counsel remains silent about any interim maintenance order passed in any of the above sections .

Now the Catch in Shonee's post and the spin that  he has thrown being into intern advocacy  ;)

"You should have informed the latter court about the former order "   the advise given to you and which we are aware has not been done in your case and but natural to support  both the judgements passed. 

I can Forsee another maintenance order being passed under the DV act if your counsel does not intimate the court about the former orders being passed . Now appealing in the sessions court is not of much use since you would again spend you money and time in terms of lawyers fees as it is just a pittance ( Rs 1000) that has been issued which a Beggar on the foot paths earns in a day on CST Mumbai . 

Now that you are aware how to counter the same its high time to educate your lawyer about the same . 

" I do understand that you are unable to attend the hearings due to the distance you have to travel such things  are bound to happen  hence the other way round would be to submit your argument in writing as well as submit certified copies of the previous orders passed by way of application "  which would form materials records of the court and would be useful when countering the opponent . 

 

 


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