Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Meena Sharma (Customer Service Officer)     07 May 2012

Order proceeding related

Pls confirm the below doubts:

I had filed a DV case. Interim passed for 12k for which appeal was filed by my husband. Same got reduced to 8k and again they have filed appeal. Meanwhile final order was passed as ex-parte as the other party didnot appear on the date for continuosly many dates.

In final order maintenance has been passed from the date of application. Pls confirm:

1. As final order has been passed, still the appeal against the interim order has some meaning and in need to take care.

2. Final order was passed on 27/03/2012. Pls confirm what is the time limit to aollect the order copy and within how many days the other party can file a appeal. If the order copy is collected after 30 days from the date of order, then also can appeal be filed, as i have heard that appeal can be filed within 30 days from the date of order.

3. The order has been passed in mumbai where as execution needs to be done in delhi. What is the procedure as i am getting different answers from different lawyers.

Case under sec 125 is still pending in the court, can decision for 125 can effect the decision of DV.


 1 Replies

Anjuru Chandra Sekhar (Advocate )     08 May 2012

Decision in Sec.125 does not affect the decision in DV because the maintenance in DV is "in addition to" the maintenance you may be already getting from other legislations.  However, the decision of DV may affect the decision in Sec.125 because if your husband prays that DV court had already granted maintenance to my wife, then the judge hearing Sec.125 may decide to not give maintenance to you.

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