Venkat Rao P (Audit Manager) 05 September 2010
THE LOWER COURT AWARDED DIVORCE AND ASKED TO PAY MY BROTHER PERMENENT ALIMONY AND MONTHLY MAINTENANCE U/sec. 25 OF HINDU MARRIAGE ACT. HE IS UNEMPLOYED AND IT IS NOTED BY THE COURT
BUT AS PER SEC. 25 OF HMA THE COURT CAN GRANT EITHER OF IT BUT NOT BOTH.
THE PERIOD OF LIMITATION IS EXCEED BY 40 DAYS CAN HE APPEAL TO HIGH COURT WITH CONDONATION OF DELAY. OR CAN HE ARGUE BEFORE THE COURT IN EXECUTION PETITION FILED BY HIS WIFE
I REQUEST TO YOU KINDLY GIVE THE REPLY AT THE EARLIEST
N.K.Assumi (Advocate) 05 September 2010
No appeal lies as there is no conviction for an offence and even section 362 CrPc does not apply. Better file Revision before the session Judge under section 399 CrPc, with the ground that the husband has no sufficient means, but not that this sufficient means is very weak ground if he is healthy and robust.
N.K.Assumi (Advocate) 05 September 2010
read as - but note that
Venkat Rao P (Audit Manager) 05 September 2010
Thanks Mr. N.K. Assumi
My question is whether the court can grant two releifs u/sec. 25 of HM Act. i.e Perment Alimony And Monthly maintenance to his wife which is inconsistent with the law.
And my second question is the order was passed on 20th April 2010 can we file an appeal in the high court in this regard with cinhdonation of delay or can we file review petiion to the session court wth seeking condonation of delay
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