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seniorcitizen (i/c)     24 February 2022

Legal procedure

Sir/Madam,
The wife of my grandson filed a Dv case for maintenance, she has already filed several FIR under 498A against our family members and 354 against her father-in-law, she is educated, she did not disclose anything about her income. In reply my grandson filed all his IT returns and his income. His wife and son are residing with him at his parents place (her martial home). He is bearing all the expenses of his wife and son till date. The Judge passed an order of ₹20000/-pm in favour of his wife, his income is about ₹14000/-pm. He filed an appeal, however no stay was granted, neither arguments were heard nor any order was passed. In the meantime the Dv court proceedings continued and a distress order has been passed on 23/02/2022.

Can we proceed to file an appeal directly to the Hon. Bombay High Court? What should be our next step?

I shall request you to help us in the matter.
Thanking you in anticipation,


Learning

 1 Replies

Adv. Mohit Chahal (Advocate)     26 February 2022

Dear Querist

All orders as passed by Magistrate Court undrr DV Act need to be first appealed at Court of Sessions and not directly to High Court.

However , you may approach High Court under provision of criminal revision against decision of Sessions Court in appeal.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site


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