Appeal against Maintenance Order-Sec 24 HMA does lie at HC

Unemployed

Appeal against Maintenance Order-Sec 24 HMA does lie at HC.

 

 
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practicing advocate

Yes.

 
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self

I am really shocked.

 

Are you saying that a husband, who is asked to pay maintenance as per sec 24, is entitled to file appeal in High Court against that order?

 

Is this a new precedent law?

 

My lawyer had told me that "writ petition is possible but appeal not possible against such type of Order".

 

A few lawyers also advised me the same, on this forum!

 

Is this a new judgment by Bombay HC

 

Adv Rajoo and adv Damayanti , please post the latest citation on this! Thanks.

 

Finally my lawyer had gone for review of order but it is still going on!

It's almost 6-7 months now.

 

I was really feeling exhausted to fight it anymore!

So dropped the idea of writ.

But I didn't know appeal is maintenable in order under sec 24 of hindu marriage act.

 

 

Can my lawyer file appeal also? after 7 months almost and even though review hearing is still pending in Family court?

 

Please advise.

 
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UNEMPLOYED

" Are you saying that a husband, who is asked to pay maintenance as per sec 24, is entitled to file appeal in High Court against that order?"   ---   yes it is appealable at  high court or higher court than the court passed the order.

 
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UNEMPLOYED

But I didn't know appeal is maintenable in order under sec 24 of hindu marriage act.

 

-----       whether maintanable will be decidedby the court only.

 
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UNEMPLOYED

"Appeal against Maintenance Order-Sec 24 HMA does lie at HC."

 

 

-------       it is appealable at  high court or higher court than the court passed the order.

 
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Advocate

The appeal against the interim orders of maintenance has been taken away by the amendmaen in 1976. Thus interim orders are amenable to writ jurisdictionunder Article 227 of Constitution of India. The Full Bench of  Hon'ble Patna High Court has recently held that if Civil Revision has been filed, the same can be converted into a writ petition on fulfillment of other requisite conditions. Neelam Kumari Sinha vs Shree Prashant Kumar decided on 18-5-2011 Published in 2011 (1) CIVIL COURT CASES 361 (Patna) (FB) .

 
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appeal may not be maintanable. The orders passed under section 24 are interlocutory orders. hence it appeal may not be maintanable, so either you have to go for a review under section 114 order 47 Rule 1 CPC or you will have to file a writ petition under Article 226/227 in High court. But you will have to prove that the decision has manifest error and is perverse. Then only the Writ will succed. So review will be a better option. For review you need to act fast as you will have 30 days from the date of order otherwise it will be bound by limitation.

 
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My friend is seperated from her husband since last 10 years. Husband had availed a bank loan for purchasing flat. the address for correspondences was given of wife. he is having a live-in relationship with other lady. the bank served several notices for the past ten years and ultimately the guarantors pleased my friend to pay off the loan, since her husband was not repaying it. inorder to save them my friend repaid the bank debts. but the title wont be clear till the flat is registered in the name of my friend. her husband is pleading the bank not to sign the agreement of sale in her favour. can you suggest any advice? note for the last 10 years her husband did not pay any maintanance charges to her and her children....

 
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how can an appeal which has already been file be converted into a writ or revision.What laws or procedures are applicable

 
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